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Posted in: Medical Malpractice
Any surgical procedure carries an underlying risk. But negligence from those performing these procedures significantly increases that risk. Surgical errors can occur prior to the actual operation, during the pre-operative assessment, after the surgery, and even during the surgery itself.
Surgical negligence can cause long-lasting consequences, including additional medical expenses, longer hospital stays, permanent injuries, and for nearly 100,000 Americans every year – death.
Surgeons, surgical staff, anesthesiologists, and nurses can be responsible for one or more surgical errors occurring. If a medical provider causes you or a loved one harm during a surgical procedure, you may have a malpractice claim. To navigate the complex claim process and achieve the best result, contact the Ohio medical malpractice attorneys at Kisling, Nestico & Redick. We’ll help you obtain the compensation to which you’re entitled.
Many surgical procedures carry risks, including those anesthesia-related reactions, blood clots, and cardiovascular issues. However, medical care facilities, surgical professionals, and doctors are not immune from liability because they have your sign consent forms.
Surgical malpractice requires you to demonstrate that the standard of care applicable to the surgery was violated. It must also be established that had a preventable error not occurred or another action been taken, the outcome for the patient would have been much better.
There are various reasons why a surgical error can occur. Issues such as failing to follow proper procedure, hospital negligence, direct negligence of a medical personnel (surgeon, doctor, nurse), and understaffing of a hospital are some common causes of surgical errors.
As well, if the surgeon fails to recognize the limit of their capabilities or attempts to perform surgical work outside of the anatomical boundaries of the scope of the surgery, significant errors can result. In such cases, a surgeon may unintentionally damage or cut another organ not within the intended domain of the surgical procedure, which can lead to the patient developing a serious infection.
Other reasons why surgical mistakes can occur include:
During or after a surgical procedure, patients can suffer injuries such as organ damage, paralysis, brain damage from lack of oxygen, chronic pain, amputation, sepsis, or internal bleeding. These injuries may result in temporary or permanent disability, or even death.
Through a medical malpractice claim or subsequent lawsuit, you may be able to recover compensation for the losses you incurred due to a surgical error. Ohio law divides these various financial losses into economic and noneconomic damages, and they include your:
Malpractice claims involving a mistake made during an operation can be legally complex with large insurance companies, medial teams, and hospitals trying to downplay or deny any wrongdoing. That’s why it is important to have an attorney experienced with dealing with the medical industry.
A successful surgical malpractice lawsuit means demonstrating that the surgeon or another party related to your operation was negligent in some way. This requires meeting the following elements:
There are numerous ways an experienced attorney can help demonstrate that a doctor, nurse, or another medical professional breached its duty of care, including medical reports, prescription and medical records, expert testimony, and other circumstantial evidence.
At KNR, we have the knowledge regarding surgical errors and extensive experience litigating these claims. Our attorneys will investigate to confirm that a surgical mistake occurred, review the records and medical reports to assign liability, and aggressively pursue maximum compensation by building the strongest possible case.
The Ohio statute of limitations for medical malpractice claims is generally one year. This means a medical malpractice lawsuit may not be filed after one year has passed since the date of the procedure, or since the date the surgical error was discovered. The latter of these dates is referred to as the “cognizable event,” which can mean:
These deadlines should be kept in mind when considering contacting a medical malpractice attorney for the purposes of filing a claim or lawsuit.
Medical malpractice cases that are filed due to injuries caused by surgical errors can be difficult to prove. Hospitals and surgical facilities may be reluctant to reveal that an error occurred during a procedure unless the error is overwhelmingly obvious.
To get the justice and compensation you deserve after a surgical error caused by negligence, you need an experienced attorney who knows how to handle these complex issues. At Kisling, Nestico & Redick, we will fight for your best interests in order to secure the compensation you deserve. With offices all around Ohio, including Akron, Canton, Cincinnati Columbus, and Cleveland, we are more than prepared to handle your medical malpractice case.
Call our legal team today at 1-800-HURT-NOW to schedule a free case evaluation.