All surgeries carry inherent risks that patients understand and consent to before going under the knife. However, when preventable mistakes occur due to a surgeon’s negligence, patients can suffer injuries far beyond the known risks. These injuries may entitle them to pursue compensation through a medical malpractice lawsuit.

At Fieger Law, our experienced team of Michigan medical malpractice lawyers is committed to holding negligent medical professionals accountable. If a surgical error harms you or a loved one, we can investigate thoroughly and fight to secure the compensation you deserve.

Common Surgical Errors

There are many ways a surgeon’s negligence can cause devastating errors before, during, or after an operation. Here’s a breakdown of common surgical errors in the U.S. and why they are considered malpractice:

Surgical Error Description Medical Malpractice Criteria
Wrong-Site Surgery Surgery performed on the wrong part of the body or wrong patient. ●       Breach of Duty: Failing to follow proper pre-operative verification protocols.

●       Damages: Patient suffers unnecessary pain, potential disability, and emotional distress, requiring further medical intervention.
Anesthesia Errors Errors such as administering too much anesthesia or using the wrong type. ●       Breach of Duty: Inadequate patient history review or failure to monitor vital signs appropriately.

●       Damages: Can include irreversible physical harm or death, leading to significant compensation claims.
Instrument Retention Surgical instruments or sponges are left inside the patient after surgery. Some sources report around 2,000 to 4,000 instances per year in the U.S. ●       Breach of Duty: Not accounting for all surgical instruments before closing incisions.

●       Damages: Requires additional surgeries and treatments, causing more pain and financial burden.
Post-operative Complications Complications due to negligence like infections or undiagnosed complications following surgery. ●       Breach of Duty: Inadequate post-operative care or monitoring.

●       Damages: Leads to prolonged recovery, increased medical costs, and emotional trauma.

 

No matter what type of preventable error occurs, our attorneys understand the physical, emotional, and financial toll it takes on victims and their families. We can help secure the compensation needed to cover your medical costs, lost income, and pain and suffering.

How to Prove Negligence in a Surgical Error Case

To establish a valid medical malpractice claim for surgical errors, you must prove elements of negligence. These include the following:

  • The surgeon owed you a duty of care to provide treatment that meets accepted standards.
  • There was a breach of that duty through errors or omissions that violated the standard of care.
  • The breach of duty caused your injuries and damages.
  • You sustained actual damages, such as physical harm, disability, lost earnings, and emotional distress.

Proving negligence requires extensive documentation, which may include medical records, surgeon and staff accounts, protocol adherence, and testimony from independent medical experts capable of evaluating if substandard care occurred. This process is complex and challenging for victims to navigate alone.

Our attorneys at Fieger Law can assist in collecting your medical records, surgical reports, and other crucial evidence to support your case. We can seek out documents and proof of medical malpractice, such as:

  • Medical records detailing your health status before and after the surgery
  • Surgical reports that document what happened during the operation
  • Witness statements from the medical staff present during the procedure
  • Correspondence with healthcare providers and hospitals involved in the case
  • Images or videos from the surgery, if available
  • Testimonies from medical experts to interpret the technical aspects of the care provided
  • Documentation of post-operative care and any complications that arose

Using this evidence, we can manage communication with the healthcare provider’s insurance company and negotiate for a fair settlement. If necessary, we can also represent you in court to help you get the maximum compensation you’re entitled to for the provider or hospital’s error.

Take Action After a Surgical Error

The experienced medical malpractice attorneys at Fieger Law understand the nuances of surgical error cases and their devastating impacts on victims’ lives. We work closely with medical experts and use aggressive litigation strategies to build your case and win you compensation.

We leverage our negotiation and trial skills to hold reckless surgeons, anesthesiologists, nurses, and hospitals fully accountable when preventable errors occur. Contact us today for a free, confidential case evaluation from anywhere in the U.S. We can review your situation, explain legal options, and outline your path to securing full and fair damages.