When surgeons and medical teams make mistakes during surgery, the results can be catastrophic. In many instances, these errors are not honest mistakes but examples of unacceptable negligence by medical professionals.
Whether you are dealing with the aftermath of a wrong-site surgery or your surgical team failing to maintain conditions, you deserve compensation for any injuries you suffered as a result of a surgical mistake. The best way to get the compensation you deserve is to speak with a medical malpractice lawyer near you as soon as possible.
What is Medical Malpractice?
Medical malpractice occurs when a physician or other medical professional fails to use the degree of care that a physician of similar training and experience would ordinarily use. In other words, it happens when a doctor makes an unreasonable error. Importantly, not every adverse medical outcome is medical malpractice, and many mistakes are not malpractice. A medical malpractice attorney can review the facts of your case and determine whether you have a claim.
Examples of Surgical Errors
The following surgical errors can be examples of medical malpractice that can entitle you to financial compensation:
- Operating on the wrong site or performing the wrong procedure
- Leaving medical equipment in your body
- Failure to properly monitor your condition after the surgery
- Obtaining a poor result from the surgery because the doctor did not use reasonable care
- Administering the wrong medication during surgery (or an anesthesia error)
- Failure to use proper hygiene during the surgery
- Operating on the wrong patient
- Improperly using medical equipment during the surgery
Compensation for Surgical Errors
Your medical malpractice compensation for surgical errors can be considerable. First, you are dealing with a defendant who likely has deep pockets. The doctor and hospital should have medical malpractice insurance, and they likely have purchased a policy that offers a significant amount of coverage. In addition, the hospital or medical practice will also have a considerable amount of assets to pay for your damages.
Still, getting the compensation you deserve in a medical malpractice lawsuit can be a major battle. The first thing you need to do is quantify your damages in advance of a claim or lawsuit. Your medical malpractice lawyer will review your case and work with expert witnesses to learn the extent of your damages.
Your medical malpractice damages may consist of the following:
- Medical expenses – These damages cover all costs related to correcting the surgical error, including additional surgeries, hospital stays, medications, rehabilitation, and any future medical care needed due to the mistake.
- Lost income – This compensation accounts for wages lost during recovery and potential future earnings if the surgical error affects your ability to work or forces you to take a lower-paying position.
- Scarring and disfigurement – This category addresses permanent physical changes caused by surgical errors, including visible scars, deformities, or alterations to your appearance that impact your quality of life.
- Emotional distress – The law provides compensation for psychological trauma, anxiety, depression, and mental anguish resulting from the surgical error and its aftermath, including fear of future medical procedures.
- Loss of enjoyment of life – Patients can recover damages for their reduced ability to participate in hobbies, family activities, or daily routines due to physical limitations or ongoing complications from the surgical error.
Punitive damages can be a major element of your compensation if you take your case to trial and win. A jury may want to punish a doctor and their employer for extreme carelessness or recklessness that has injured you. In some cases, punitive damages can be even more than your compensatory damages. Your medical malpractice lawyer will almost always argue that you are legally entitled to punitive damages when your case goes to trial.
Surgical errors can be extremely difficult and frustrating because you were expecting a certain result, and you may end up even worse than you were before the procedure went wrong. Thus, damages for emotional distress and pain and suffering can be a large part of your damages in a surgical error case. These elements of damages are very subjective, and the defendant and their insurance company will fight you at every turn. An experienced medical malpractice lawyer can make sure that you get the full and fair value of your surgical error claim.
How The Insurance Company Will Try to Minimize Your Compensation
After a surgical error, insurance companies often employ aggressive tactics to reduce their financial exposure. They have teams of lawyers and medical experts whose sole purpose is to find ways to pay you as little as possible for your injuries, even when the error is clearly the surgeon’s fault.
The insurance company will use several tactics to reduce your surgical error compensation:
- They may claim your complications were known risks of the procedure that you accepted when signing consent forms, rather than actual surgical errors.
- They might argue that your ongoing medical issues were pre-existing conditions or would have occurred regardless of the surgical error.
- Insurance adjusters often try to obtain early recorded statements, hoping you’ll say something before the full extent of the surgical damage is known.
- They may dispute the necessity of follow-up procedures or ongoing care, claiming your treatment plan is too extensive for the injury.
- The insurer might hire their own medical experts who will attempt to minimize the long-term impact of the surgical error on your health and lifestyle.
- They could argue that you contributed to poor surgical outcomes by not following post-operative instructions precisely or by delaying follow-up care.
- Insurance companies frequently downplay emotional distress and quality of life impacts, treating them as minor inconveniences rather than serious damages.
- They may pressure you to accept a quick settlement before you fully understand the extent of your injuries or future medical needs.
Fortunately, when you retain a lawyer, you can even the playing field and make sure the insurance company respects your rights.
Why You Need a Medical Malpractice Attorney
Medical malpractice cases involve very high stakes. Since you may be entitled to significant compensation, defendants will pull out every stop to defeat your case. Even if they intend to settle your case, they will make you paltry settlement offers before they get serious about raising their offers. A medical malpractice lawyer can build a robust case while fighting for you to get top dollar for your surgical error case. You can schedule a free initial consultation with a medical malpractice attorney to learn more about your legal rights.