Surgery is a big deal. Regardless of the circumstances, most people are nervous when a doctor tells them they need surgery. You might do your due diligence and find a surgeon with an excellent record in the procedure you require. However, a good record does not guarantee that a surgeon will never make mistakes.
If you suffered surgical complications that had a severe temporary or permanent impact on your ability to function or your overall health, you might have a medical malpractice claim against your surgical team. A Danbury surgical error lawyer can review your medical records to determine whether you might have a viable case. If so, you could receive a settlement that covers your medical costs, diminished income, and other losses resulting from the procedure.
Although not every poor surgical outcome is indicative of malpractice, there are cases where a provider’s negligence causes harm. The General Statutes of Connecticut §52-184c establish the negligence standard for medical professionals in the state. Surgeons are guilty of malpractice if they fail to meet the prevailing standard of care. The prevailing standard of care is the degree of knowledge, judgment, and skill a similarly trained health care provider would have used in the circumstances.
A Danbury surgical error attorney can consult with the necessary medical experts who could review a patient’s medical record to determine whether the surgical team achieved an acceptable standard of care. If an expert is able to certify that there was a deviation from the prevailing standard of care, the patient and attorney could proceed with a malpractice lawsuit.
Various conditions and situations could lead to surgical errors, most being preventable. A Danbury attorney can focus on the specific reason a surgery failed and hold the surgeon accountable. Preventable surgical errors often fall into one of the following categories:
This category encompasses a surgeon’s failure to properly inform a patient about the risks and benefits of the surgery or establish reasonable expectations. Failure to get effective informed consent is medical malpractice.
Communication could also be a factor if the surgical team is not aware of their responsibilities or if members do not speak up when they are concerned about a patient or a surgeon’s decision. Poor allocation of staff resources also could be a consequence of inadequate communication.
Poor planning could lead to the surgeon operating on the wrong body part or even the wrong patient if procedures are not in place to prevent such mistakes. Not scheduling enough time for a procedure so that a surgeon feels the need to rush might be due to poor planning. Inadequate preparation also could include a surgeon performing a surgery that was too risky or complex to undertake at the surgeon’s current level of training and skill.
Sometimes a surgeon decides to do a procedure that has a limited chance of success. The surgeon may believe their skill is adequate to the task, but a prudent surgeon would not have tried. A surgeon might ignore their patient’s needs and operate when they are impaired by alcohol or drugs or when they are not rested or alert. A patient might be too sick to benefit from a procedure, but the surgeon performs it anyway. These are all examples of poor judgment by a surgeon and could be addressed in a surgical malpractice claim.
Some surgical errors result from a surgeon’s mistake, and others could be the fault of a specific team member. In any case, the surgeon is ultimately responsible for the care a surgical patient receives. An experienced Danbury surgical error attorney could identify specific instances when one or more members of the team failed to perform to an acceptable standard.
Errors during surgery might leave a patient’s underlying condition untreated if, for example, the surgeon operated on the wrong body part. Implanting a defective device or accidentally leaving a surgical instrument in a patient’s body could lead to a worsening condition, infection, and even death. Failing to closely monitor the patient’s vital signs and respond quickly to concerning changes might lead to heart attack, stroke, brain damage, or death. In these situations, it is crucial to retain legal assistance as soon as possible to take action against the negligent provider.
Dealing with the consequences of a surgical error could be disheartening and distressing. Working with a capable attorney to secure adequate compensation for your losses might make the situation easier to bear.
Medical malpractice cases are complicated, and you need an experienced advocate on your side. Contact a Danbury surgical error lawyer today to schedule a consultation.
Berkowitz Hanna
