When scheduled for surgical treatment, we put a lot of faith in our doctors and other medical personnel. The ultimate goal of a surgical procedure is to make us well, and we don’t anticipate coming out of a procedure with an injury. Surgeons may not be to blame for all adverse outcomes or complications, but they are to blame for injuries and deaths resulting from errors that stray from the standard of care.
Those suffering from an avoidable surgical injury have the right to take legal action to recover damages. Make an appointment with a personal injury attorney specializing in medical malpractice or surgical errors. We’ll thoroughly examine your claim to help you receive the full compensation you deserve. We will fight for your medical injury rights at Sweeney Merrigan Law. Call us at (617) 391-9001 or send in our request form.
A surgical error is a mistake that occurs during surgery that could have been avoided. Every surgery carries some risk, and patients must sign an informed consent form admitting that they are aware of the risks. However, surgery errors involve failure and injury that is more than a patient could have anticipated before agreeing to the procedure.
Victims of surgery errors frequently experience pain, challenges in their everyday life, and excessive medical expenses. According to medical malpractice law, if a patient is injured or dies due to an avoidable surgical error caused by negligence, the sufferer can bring a case and obtain damages.
It’s important to note that not all cases of failed surgery can be considered medical negligence. A surgery error must have been caused by medical professionals’ actions falling below the accepted standard of care to be called medical malpractice. Your case must meet this requirement to hold someone liable for your resulting losses.
In New Hampshire, medical malpractice lawsuits are now subject to the personal injury statute of limitations. New Hampshire Revised Statutes Annotated section 508:4 states that Any personal injury claim must be brought within three years of the alleged act or omission. However, the three-year period does not begin if the industry and its casual relationship to the act or omission are not discovered or could not reasonably have been discovered immediately.
We rely on the surgical team to correct whatever is wrong with our bodies and help us recover. It is stressful enough to have surgery without worrying about surgery errors that could occur due to a medical professional’s negligence. Surgical errors are commonly thought to occur exclusively during sophisticated procedures. However, surgery errors can occur in any procedure.
The most common types of surgical errors include:
These and other errors have the potential to kill a patient. Even if they don’t, the patient will likely require additional emergency treatments to correct the error. Surgical errors can result in long-term repercussions like paralysis, brain impairment, and other significant and life-altering disorders.
Just like us, doctors are susceptible to making mistakes and acting recklessly. Sometimes doctors come to work and perform surgeries even though they are fatigued or feeling ill. In either case, the surgery error could have been prevented if they had used the appropriate amount of care and effort.
Establishing the medical standard of care is one of the most important aspects of a medical negligence case. The standard of care refers to what a competent surgeon would do in identical circumstances. You must show how the surgeon failed to execute the procedure to that standard and that the surgeon’s negligence resulted in your genuine harm.
Surgical errors can severely impact a patient’s health, resulting in exorbitant medical expenses, additional treatment, and more time off work, leading to lost wages. These outcomes are damages that can be recovered by filing a medical malpractice lawsuit. A surgery error malpractice lawsuit is a legal remedy that attempts to make patients whole again. It’s a complicated procedure from a legal and medical aspect, so it’s important to speak with an expert medical malpractice attorney about probable surgery negligence.
After a successful surgery malpractice error lawsuit, you should recover damages for all your losses due to the injury you sustained from your surgery. Ultimately, securing compensation aims to return the victim to the state they were in before they experienced the negligent act. The damages you recover should make you whole again.
The following are examples of compensatory damages that plaintiffs may be entitled to:
In cases where the patient dies due to the surgery error, the patient’s family may be able to sue for wrongful death and get financial compensation that covers the patient’s losses and the family’s resulting losses. If it is shown that the surgeon caused the injury on purpose, the plaintiff may also recover punitive damages.
Once you realize you have been injured due to a surgical error caused by negligence, you should speak to an experienced medical malpractice attorney as soon as possible. An experienced legal team could evaluate your case, estimate its value, and leverage helpful resources that could increase your chances of success.
Sweeney Merrigan Law has the knowledge, resources, and commitment to establish a strong case for you and get you the compensation you deserve. Our medical malpractice team includes attorney Kyle A. Camilleri, as well as medical records reviewer Amy Nichols. They are experienced legal professionals who have been acknowledged for their outstanding work, having recovered millions of dollars for their clients. Call (617) 391-9001 or submit a request form to schedule a free case evaluation with one of our reputable Boston medical malpractice lawyers.