Surgical Error: Medical Malpractice Claims

In simple terms, a surgical error is a mistake that could have been prevented during surgery. Before undergoing surgery, a patient is always briefed of certain known risks which involve his or her procedure. For that reason, it is typical to sign a form stating your understanding and willingness to undergo the said procedure.

What to do if a doctor makes a mistake in surgery

In some cases, it will be better to avoid immediately contacting the doctor or hospital at fault. Approach a lawyer or an attorney for consultation since there is a chance that your healthcare provider has awareness of his mistake, and may offer compensation to settle your malpractice claim.

Common Surgical Errors

Unnecessary or inappropriate procedures; blunders with application of the anesthesia due to lacking awareness of a patient’s allergies; mistakenly damaging an organ or part of the body during operation—these are the most common surgical errors.

Medical Malpractice Claim

A legal cause of action occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare, or health management. 

Surgical Error Lawyers in Baltimore Maryland: Protecting the Rights of injured Patients

If you believe you have a medical malpractice claim, then approaching lawyers who have experience in the matter would be best. Surgical Error Lawyers in Baltimore Maryland—working with them will ensure a higher chance of gaining a beneficial outcome for your predicament.

How to know if you have a malpractice claim

According to the ABPLA Board Certified Medical Malpractice Attorneys—to be considered medical malpractice under the law, the claim must consider the following: 

  • A violation of the standard of care 

It is acknowledged by the law that there exists certain medical standards recognized by the profession as being acceptable medical treatment by health care professionals—all under similar circumstances—known as the standard of care.

A patient has the right to expect treatment that is consistent with these standards. Otherwise, if the standard of care has not been met, negligence may be established.

  • An injury was caused by negligence

Violation of the standard of care, however, is insufficient to prove the validity of a medical malpractice claim. An injury that could have been prevented, or avoided entirely had the healthcare professional exercised due attention, or an injury that had resulted from the professional’s negligence—the patient must provide proof of such.

If there is an injury without negligence or negligence that did not cause an injury, there is no case.

  • The injury resulted in significant damages 

The process of undergoing a medical malpractice lawsuit is extremely expensive. As such, a patient must show that significant damages were incurred due to a medical practitioner’s negligence. If the damages were small, the cost of pursuing the case might outweigh whatever you recover.

To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, and hardship, or significant past and future medical bills.

Even knowing this information, some patients are still unsure of whether to pursue a medical malpractice claim or not. Whether their claim would be viable or invalid—it’s always best to consult an expert on the matter.

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