Surgical Malpractice and Personal Injury Claims

Lawyer in McHenry County, Personal Injury, Workers Compensation

Conditions that require surgeries can be quite distressing for patients. This is even worsened by the uncertainty of the outcome of the surgery. Many things could go wrong, and while this risk is expected, certain surgical errors are plainly inexcusable. Some of these errors could have been prevented if proper procedures had been taken. In such cases, if a patient comes to harm, it may have temporary or permanent consequences.

If you have come to harm due to the error of a doctor or hospital, you have the legal right to file a personal injury claim. Continue reading to learn more.

What is Surgical Malpractice?

Surgical malpractice refers to medical malpractice where surgical errors occur due to negligence or unethical behavior of surgery personnel, bringing harm to a patient. Surgery personnel may include surgeons, anesthesiologists, nurses, radiologists, etc.

Surgical errors have been noted to be a common cause of death in the United States. Over 4,000 surgical errors are reported every year, and in the last two decades, over a billion dollars have been paid out as settlements in malpractice claims.

In What Cases Can a Personal Injury Claim hold?

If you have been a victim of any of these, you may be entitled to settlements for your injury.

  • Misdiagnosis or Overdiagnosis

If you were wrongly diagnosed or overdiagnosed such that you encountered unnecessary distress due to unnecessary medical procedures, you have the right to file a personal injury claim.

  • Wrong Procedure Surgery

A personal injury claim can be valid if a patient was wrongly misdiagnosed and an unnecessary surgery followed. An instance is when a person who needs a graft attached to an organ gets the organ removed instead. This mostly results in very dire consequences.

  • Wrong Site Surgery

This occurs when a required procedure is performed on the wrong part of the body. For example, a neurosurgeon may have operated on the wrong part of the spine, causing fatal damage.

  • Human Errors

Sometimes, medical personnel make planning errors, switch test/scan results, administer wrong doses of medication, or make fatal incisions. Cases like this also warrant a personal injury claim.

  • Mid-Surgical Errors

If a patient develops an allergic reaction to anesthesia or defective surgical instruments, it could lead to death. In some cases, nerve damage occurs during surgery, causing patients to experience a lot of pain for many years after. These victims can file a claim too.

What Can Victims of Surgical Errors do?

If you have discovered that you or a loved one has experienced pain or fatality due to the negligence of surgical personnel, you may be eligible to file a claim.

You will need to prove that;

  • there was a doctor-patient relationship that demanded a duty of care
  • This duty of care was violated and
  • The violation was what brought you to harm

These conditions give your claim validity.

A statute of limitations exists concerning filing a personal injury claim. In most cases, claims are only valid no later than two years after the injury. But there are exceptions to this, especially with minors.

You will need to speak to a qualified malpractice attorney about your situation. They will advise you on the strength of your case, the claims you are entitled to, and a strategy to compensate for the harm you have suffered.

At the law offices of Franks, Kelly, Matuszewich, and Andrle Attorneys at Law, we understand the weight of experiencing a less than optimal quality of life due to someone else’s preventable error. You deserve restitution, and we will defend your rights to a substantial one. Get in touch with us today and find out how we can help you.