When Might Medical Malpractice Apply to a Surgical Injury?

surgery injuryAll surgical procedures carry a certain degree of risk and anyone having surgery for any reason should consider that risk before proceeding.

In some cases, it may be helpful to contact multiple medical professionals regarding a surgery, particularly for procedures that require a general anesthetic.

Surgical Injuries From Medical Malpractice or Just Bad Luck?

Many of the medical malpractice claims filed in the United States result from surgery. Not all surgical injuries involve actual malpractice, however, because of the aforementioned risk.

After proper diagnosis of a patient’s condition, a surgeon’s first obligation is to disclose the specific risk, or risks, to the patient. Without this disclosure, there can be no informed consent on the part of a patient.

Assuming all these steps have fallen into place, the surgeon must perform an error-free procedure. He or she must work as a team with the attending nurses and other doctors, including the anesthesiologist. If all goes well and no one commits any errors during the process, then—despite surgical injuries or an otherwise poor outcome—there is no malpractice.

Postoperative Care

The risk isn’t over when the surgeon finishes closing. Hospital staff must still properly care for the patient during recovery. Allowing a bedsore to develop or giving the wrong medication are both examples of malpractice that are every bit as serious as leaving a sponge or surgical instrument inside of a patient during a procedure.

Medical Errors

If any hospital personnel have made a mistake anywhere along the way, the patient may have grounds for a malpractice claim. This could involve negligence, misdiagnosis, substandard procedures, not gaining informed consent, or any one of a number of other possibilities.

There’s No Time to Wait, Call Us Today!

In all cases, it is crucial to get the advice and counsel of a legal professional who is well-versed in the intricacies of personal injury law. If you or someone you know believes he or she has been hurt by surgical medical malpractice, a Tampa injury lawyer might be able to help.

Abrahamson & Uiterwyk is available for free initial consultations. Call us today at 1-800-753-5203 to get started.

Because of the fact that cases involving Medical Malpractice injuries may be highly complex and exceedingly specific, our law firm commonly works with other law firms who have considerable experience in each particular case type. Thus, we may be referring these types of cases to a separate firm, with whom we typically associate and work with on a co-counsel basis.