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What To Expect When Filing a Surgical Malpractice Claim

Posted By James Heiting
What To Expect When Filing a Surgical Malpractice Claim

When a medical error occurs during surgery, it can have very devastating consequences for the patient. According to some reports, there are over 28 million surgeries that occur every year in the United States, and every year patients suffer at the hands of negligent doctors. 

Sadly, a study published by Johns Hopkins Medicine suggests that medical errors are the third leading cause of casualties in the country.

Surgical malpractice occurs when a person has been injured because of the carelessness of an anesthesiologist, surgical nurse, surgeon, or other staff involved during the patient’s surgical procedure.

 Although a majority of surgical procedures go without incident, when an injury occurs, the outcome can be tragic!

 Frequently Occurring Surgical Malpractice Errors

Medical malpractice in the surgery room can occur through several forms. A majority of procedures will involve a medical team that consists of the following:

Primary surgeon,Anesthesiologist,Primary nurse,First surgical assistant,Scrub nurses, andCirculating nurse(s)

Each of these providers will have his or her own separate responsibilities, and it is important to understand that, when an incident occurs, the malpractice is not always, directly the fault of the surgeon. 

The following are some types of medical malpractice errors that could occur in surgery: 

Unnecessary surgery – This could happen when a person has been misdiagnosed, when the doctor has misrepresented the need for the surgery, by fault of an incompetent doctor, or when a doctor has portrayed the need for a more extensive surgery than what is medically necessary, or even when the wrong surgery is performed.

 Wrong site surgery – This occurs when the doctor has operated on the incorrect part of the patient’s body. Through this error, the patient can have healthy organs removed or have extremities unnecessarily amputated.

 Damage to other areas of patient’s body - When the surgeon has accidentally perforated or punctured a vessel, injured a nerve, internal organ, connective tissue, or artery, or does other damage, the patient can be left with serious injuries, perhaps even leading to his/her death. 

Infection - This could happen when mistakes are made in the hospital or surgical room, when the equipment used on the patient is not properly sterilized, or when methods and practices are below the standards required. 

Instruments abandoned in body – This occurs more than one would expect. Any surgical instrument (such as a retractor, sponge, gauze, drains, clamps, or anything else that is foreign to the body) does not belong there and can severely injure a patient.

Anesthesia involved mishaps also occur.  Severe damages that result in prolonged hospital stays rehabilitation, pneumonia, brain damage and even death are frequently the case. 

Phases When a Surgical Error Can Occur

Surgical errors can occur in any of the phases of surgery, including:

  1. Before the surgery begins
  2. During the surgery itself
  3. After the surgery has concluded

 Responsible physicians will generally stick to strict routines in an effort to minimize surgical errors. Nevertheless, mistakes can happen. When it does occur, it is recommended that victims seek legal support immediately.  Very strict times limits apply.

 File a Medical Malpractice Lawsuit After a Surgical Error Injury

When medical malpractice occurs in a surgery, the consequences can be extremely harmful to victims and their families. The consequences can often lead to lifelong disability or death and extensive losses.

 If you or someone you know was injured because of a surgical error, it is important to seek the legal support of a professional attorney.

 The attorneys at Heiting & Irwin are skilled in the field of medical malpractice cases involving surgical errors. The firm is dedicated to representing those who have suffered at the hands of negligent medical staff.

Related Content:

Medical Malpractice Lawyers in Riverside

Surgical Errors Lawyers in Riverside

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About the Author:

James Heiting


Heiting & Irwin, APLC are some of the most well established and respected personal injury attorneys in Riverside County and throughout the Inland Empire. With 100+ years of combined experience we’ve earned a reputation with local attorneys and judges as smart negotiators, tough litigators and compassionate counsel to our client’s circumstances and needs. Our legal team has a track record of success which is second to none, and this helps us come into your case with the preparation of thousands of injury cases, and over $400 Million in verdicts and settlements at our foundation.Attorney James Heiting also served on the Board of Governors of the State Bar of California, was a co-founder of the Leo A. Deegan Inn of Court (training younger or less experienced members of the bar) and a charter member of the Inland Empire Federal Bar Association. Mr. Heiting was president of the Other Bar (a statewide organization of judges and lawyers helping other lawyers and judges) 1991-1993, and a board member from 1988-2003 and again since 2006. He is or has been a member of multiple federal and state litigation, ethics, and trial associations. He is currently a member of the American Board of Trial Advocates (ABOTA) and the American Bar Association west coast Commissioner appointed to the Commission on Lawyer Assistance Programs, studying, evaluating, and providing oversight and support for programs in nine states.... View full business profile here: James Heiting