Surgical Injury

There are hundreds of surgeries performed in hospitals all around the country every day.  Most of these surgeries are performed without a hitch.  However there are times that injury will occur.

Injuries During Surgery

• Tissue tears
• Bleeding
• Anesthesia related complications
• Hemmoraghing
• Soft tissue damage
• Perforation of vital organs
• Neurological injury
• Fractures

Post-Surgery Injuries

• Post surgical injuries
• Pneumonia
• Infection at surgical site
• Ulcers
• Latent bleeding
• Nerve injuries
• Paralysis
• Scarring

Surgeries with Liability for Errors

Although there is a risk of injury in every surgery that occurs, these areas have more than their fair share of injuries when compared with other surgical procedures:

• Gastric bypass
• Childbirth
• Cardiothoracic
• Thoracic Surgery
• Laparoscopic intestinal surgery and
• Plastic surgery/cosmetic surgery
• Breast augmentation
• Liposuction

Liability of Doctors and Surgeons

Surgeons and doctors must be extremely cautious and careful when performing surgery to make sure to avoid any liability.  Instances where liability arises are:

• Failure to prepare the patient properly for surgery
• Performance of Unnecessary Surgery
• Failure to diagnose and treat promptly conditions that occur before and after surgery
• Negligence in the performance of an operative procedure
• Failure to diagnose and treat post-operative complications
• Peforming the wrong surgery
• Operating in the wrong area of the body
• Leaving surgical instruments in the body

Filing Medical Malpractice claim

As in all medical practice suits there are four main elements.  The surgeon by virtue of the doctor client relationship will owe a duty of care to his/her patient.  A breach in this duty that causes injury to the patient that in turn results in damages is the basis for lawsuits in this area.  Any damages that you claim will have to be proven, examples of damages are:

• Physical pain and suffering
• Mental suffering and emotional distress
• Loss of time/earnings and impairment of earning capacity
• Medical expenses
• Loss of enjoyment of life
• Injury related expenses

Statute of Limitations

The statute of limitations dictates how long you have to file suit for a negligent actions while operating on you.  Depending on your jurisdiction, the statute of limitations can range six months to four years.  The real test is when the injury is discovered, because that is when the statute will begin to run. 

Help from a Lawyer

Expert advice from a licensed attorney in your area is the best way to ensure that your medical malpractice claim is handled efficiently.   From making sure that the suit is filed within the statute of limitations, to making the proper claims regarding your injury and damage, attorney assistance is invaluable in recovering under a medical malpractice action. 

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