No matter how large or small the surgery, all involve risk. Patients should understand that surgical errors can occur even when the performing surgeon is the best in their field. Prior to surgery, patients often sign a consent form indicating they are aware of the associated risk of the surgical procedure. If you are a victim of a surgical error and are considering a lawsuit, here are few tips to keep in mind.
For a surgical error to be considered malpractice, the surgeon performing the procedure must fail to follow the appropriate standard of care, and the failure must be the actual cause of the harm. Errors include mistakes that could have been prevented had the surgeon followed the standard of care.
Common surgical errors include:
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Sometimes it is unclear why a surgical error has occurred however, in most cases, faulty communication is at issue. The doctor may not have communicated the correct dosage of medication, or the wrong location of the body may be noted prior to surgery. In addition, the surgeon may be fatigued or they may have taken shortcuts during the procedure.
If you’re suffering from surgical injury because your doctor failed to meet an acceptable level of professionalism, then it’s time to hire a New York City personal injury lawyer and prepare a lawsuit. An experienced attorney will focus on proving the doctor’s negligence. As in all medical malpractice cases, you will need an opinion from a medical expert that the surgeon’s care fell below the accepted standard of care. Hiring a qualified lawyer for surgical error claims is a necessary step to navigating the rules of medical malpractice. The right lawyer will ensure you’re justly compensated for your doctor’s surgical error.
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