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Can I Sue for Errors During an Elective Procedure?

Written by Berkowitz

elective procedure

Lawyers Serving Victims of Elective Procedure Errors throughout Connecticut

Elective procedures are those that are arranged in advance. The patient opts to do the procedure instead of waiting to do the surgery for emergency purposes. Semi-elective surgery, on the other hand, is an operation that is essential for the patient’s health but does not need to be completed immediately.

Most elective procedures are cosmetic, but there are a handful that are not. Regardless, elective procedures are typically done to enhance or improve a patient’s life – or even extend life.


Why Patients Opt for Elective Procedures

Most patients will opt for an elective surgery after they have been informed of the risks involved. Physicians will provide these treatments and discuss potential issues, outcomes, and alternatives. One risk that is often not discussed with the patient is the risk of death. Anyone going under anesthesia could potentially suffer disastrous side-effects.

Also, there are things that the patient does that can increase the likelihood of an adverse outcome, such as:

  • What time of the day the procedure is done.
  • What the patient eats or drinks before the procedure.
  • Medications the patient takes.
  • Medical history that the provider is unaware of.

While elective procedures are something that a patient consents to and chooses to do, they still carry risks – and they are still surgical procedures. Therefore, patients should consider all potential outcomes, benefits, and risks before consenting.

When Errors Occur During Elective Procedures

There is a chance that an error may occur during an elective procedure. This injury may happen when the patient is mishandled, or the elective procedure is done incorrectly. If a patient suffers from an injury, even in an elective procedure, he or she does have options for recourse. After all, the physician is still required to provide a higher standard of care (regardless of whether the procedure was elective or not).

The statute of limitations about elective procedures is shorter, and therefore, a patient must speak with a medical malpractice attorney as soon as possible.

Some errors that may occur during an elective procedure can include:

  • Side-effects of anesthesia
  • Incorrect medications or dosage
  • Infection
  • Blood clots
  • Excessive blood loss
  • Oxygen deprivation
  • Brain damage
  • Scarring or permanent disfigurement

Contact a Medical Malpractice Attorney to Explore Your Options

If you or a loved one was injured during an elective surgery, do not assume that you cannot file a lawsuit. Instead, speak with a medical malpractice attorney to explore your options. Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation.