Surgical Complications Lawyers

 

What Do I Do If My Surgeon Makes a Mistake?

Even seemingly straightforward surgeries require strict adherence to protocols and guidelines to safeguard patients' well-being. However, complications can still arise despite these precautions. While severe complications are relatively rare, they are more common in emergency, open, or lengthy surgeries, affecting about 8% of cases. It's important to note that not every complication constitutes medical malpractice; many stem from known risks associated with the procedure or the patient's health status.

When surgical errors occur, patients have a right to transparency and accountability. If preventable mistakes lead to complications, patients may seek compensation for their injuries, especially if the effects persist for weeks, months, or even years. If you suspect surgical complications due to malpractice in Columbia, South Carolina, HHP Law Group's surgical errors attorneys can assess your case and provide guidance on your legal options.

What Are Some Common Surgical Complications?

Surgical procedures can carry various risks depending on the type of surgery. Some of the most common complications include:

  • Anesthesia complications: Anesthesia is crucial for surgery, but associated errors can be serious. The anesthesiologist gathers your medical history to ensure the right type and amount of anesthesia. Too little anesthesia might cause you to wake up during surgery, while too much can damage your brain. They also are responsible for monitoring your vitals during the surgery and intervening if necessary.

 

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  • Post-surgical infections: After major surgery, your body is weaker and prone to infections, which can be severe and even lead to sepsis. If your immune system is weak, these infections can be life-threatening. While surgical or other hospital acquired infections are a known risk, failure to timely diagnose and treat these infections may be malpractice.

  • Organ or nerve damage: During surgery, nearby organs can accidentally get damaged. Sometimes, a simple mistake like a slip of the scalpel can cause severe issues like permanent nerve damage, internal bleeding, paralysis, sepsis, or death.

Can You Sue For Surgery Complications?

If a surgeon's mistake harms a patient, the law permits the patient to seek compensation and justice. Yet, holding a surgeon accountable for a surgical error is often complex, and usually requires the help of a surgical errors attorney.

Not all surgical mistakes qualify as medical malpractice. Legal action arises only when a surgeon or surgical team deviates from the standard of care – what a reasonable provider with similar training would do. Essentially, if other doctors would likely make the same mistake under identical circumstances, it may not constitute malpractice.

Moreover, to establish malpractice, you must demonstrate tangible harm that financial compensation can address. This could include physical injuries from the mistake, other surgeries or treatments required for recovery, or heightened pain and suffering attributable to the error.

While surgical complications can warrant legal action, proving malpractice hinges on showing a departure from the standard of care resulting in tangible harm that compensation can remedy.

What Happens If My Surgeon Makes A Mistake?

Discovering a mistake made by your surgeon during a procedure can be distressing, but taking prompt action is critical to protect your rights and explore avenues for compensation for any resulting injuries or losses. Cases involving surgical errors are legally intricate and demand a thorough investigation and meticulous preparation to construct a compelling legal argument.

In the aftermath of surgery where an error may have occurred, several steps can help safeguard your interests:

  1. Request medical records: Obtain a copy of your medical records without delay. These documents are essential for understanding the details of your surgery and identifying any discrepancies or errors.

  2. Seek a second opinion: Consider consulting another surgeon for a second opinion regarding the procedure. This can help you ascertain whether a mistake was made during surgery and assess any resulting injuries or harm.

  3. Legal consultation: Reach out to a surgical errors attorney to guide you through the legal process. Their expertise can be invaluable in navigating the complexities of your case and maximizing your potential recovery. It's essential to remember that the doctor or hospital responsible for the surgical error may attempt to offer a settlement that falls short of adequate compensation for your damages.

By taking these proactive measures, you can pursue justice and fair compensation for the harm caused by a surgical mistake, ensuring that your rights are upheld and your recovery needs are met.

Contact Surgical Malpractice Lawyers in South Carolina

Dealing with surgical complications can be overwhelming. We understand the fear and frustration you may be experiencing during this challenging time. At HHP Law Group, we recognize that, above all, you seek clarity and resolution. 

Our surgical errors attorneys are here to listen, support, and advocate for you. We will assess your case, offering you the answers and guidance you deserve. With our dedicated legal representation, we strive to secure the compensation necessary for you to regain control of your life post-surgery. Contact us today.

 

FAQs

What might I recover?

A party who has been injured or has died as a result of medical malpractice can recover damages designed to compensate them for their injuries/death. These include but are not limited to compensation for their medical bills, lost wages and diminished earning capacity, permanent injuries and impairment, disfigurement and scarring, physical pain and suffering, mental suffering and aggravation, and their loss of enjoyment of life or change in lifestyle. In rare occasions, the misconduct of the health care provider may be so egregious that punitive damages, which are designed to punish the conduct, may be awarded to the injured party.

Should I hire an attorney for my malpractice claim?

In our experience, it is extremely rare for a malpractice claim to be pursued and result in a favorable outcome without the assistance of an attorney. These cases are factually and legally complex and require an extensive amount of discovery, expert witnesses, and document review. The HHP Law Group is willing and ready to discuss with you any potential medical malpractice case.

What will my claim cost me?

Our attorneys understand that clients may not have the resources to fund their case upfront, especially if you have been injured and cannot work as a result. All consultations with HHP Law Group are free of charge. If HHP Law Group represents you in your medical malpractice case, we will take your case on a contingency basis.  This means that the attorney fees are a percentage of any recovery by way of settlement of trial verdict. Additionally, the costs to pursue the matter (third party expenses, filing fees, etc.) are advanced by the law firm to be repaid at the time of recovery.

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If you have been injured due to medical malpractice, don’t wait. Call us today at 803-400-8277 to schedule your free consultation.