Many surgical procedures involve risks. Usually, surgeons convey the possible risks to their patients and obtain their consent beforehand. However, there are instances reported across Miami in which surgery errors may amount to medical malpractice. In such cases, the plaintiffs are entitled to file a suit and demand compensation. It requires a great deal of awareness and preparation.
Which surgical errors and their consequences can the surgeons and medical facilities are held for? What are the possible causes behind these errors that may support the plaintiff’s claims? What type of compensation one may demand? Here’s a brief guide with answers.
Surgical Errors Counted under Medical Malpractice
According to medical malpractice attorneys in Miami, a surgical error is one form of medical malpractice that can and should be prevented, provided the operating surgeon follows the prescribed standard of care. If it occurs, it may be due to the failure of the surgeon to adhere to these standards. Some of these errors include:
- Misdiagnose of a fatal medical condition before or during the surgical procedure
- Surgery performed on the wrong body part or at the wrong site
- Damage caused to a nerve, a tissue, or a healthy body organ
- Wrong surgical procedure or instrument in place of the correct one
- Leaving a foreign object, like a sponge or an instrument inside the patient’s body
- Failure to monitor correct anesthesia levels or complications during the procedure
- Unmonitored infection or undiagnosed internal bleeding after the procedure
Apart from recognizing these errors, the plaintiff must also recognize the consequences that these may lead to. For instance, a surgical error may cause:
- Temporary or permanent nerve or organ damage
- Unnecessary scars
- Disfigurement due to unavoidable amputation
- Infections and sepsis
- Paralysis or any other form of disability
- Death, in serious cases
How Can the Negligence Be Proved?
Most of the aforementioned surgical errors are preventable. These occur due to human errors and there can be one of the following reasons behind them:
- Miscommunication: The surgeon and the staff assisting him or her may communicate wrongly over anesthesia levels, medications, surgery sites and so on.
- Lack of Skills: The surgeon might be incompetent or inexperienced/less experienced in performing a particular surgical procedure. Also, the surgeon may follow a shortcut that leads to a serious outcome.
- Improper Planning: It may be due to misjudgment about the possible complications or patient’s vitals. Absent/unsterilized medical instruments can be another factor.
- Lack of Focus: The surgeon might not be fully focused on the surgery. This could be due to fatigue, anxiety, or stress. Another possible situation is when the surgeon performs the procedure under the influence of alcohol or drugs.
Deciding the Compensation
Based on the severity and consequences of a surgical error, the plaintiff may be forced to face certain situations. So, the compensation can be decided on the basis of whether he or she:
- Undergoes a consequent surgery to recover from the injury or harm
- Requires medications, therapies, or rehabilitation
- Spends on at-home care arrangements
- Loses the ability to work and earn
You must seek more information and guidance in this direction from an experienced attorney. If you prepare well, you can indeed win back a lot of what you lose.