Is a Surgical Error Considered Medical Malpractice?

 Posted on August 30, 2023 in Medical Malpractice

About 4,000 surgical mistakes happen every year in the U.S., many of which seriously injure patients. Such mistakes can include operating on the wrong patient or forgetting surgical instruments inside of a patient. Additionally, medical errors often lead to fatalities. If a surgical error results in personal injury, you have the right to seek compensation for medical malpractice.

What is Medical Malpractice and Negligence?

Medical malpractice happens when doctors, nurses, hospitals, and clinics cause injury to a patient because they were negligent.

Negligence in medicine means that a doctor or nurse, for example, did not give the proper care or attention they should have. Negligence is when a medical professional carelessness leads to a patient suffering harm.

Mistakes can occur in surgery, but medical malpractice happens when the care given does not meet the expected standard. If a skilled surgeon in similar circumstances would make the same mistake, it is usually not malpractice. But if a surgeon with similar skills avoids the mistake, it may be considered malpractice.

What is a Surgical Error?

The following are some surgical errors that could be considered medical malpractice:

• Operating on the wrong part of the body

• Performing surgery on the wrong patient

• Surgical items forgotten inside the patient

• Substanital damage to nerves

A surgeon could also be found negligent if he or she does not explain the risks associated with the surgery.

How Can You Prove Negligence After a Medical Injury?

To prove a medical malpractice case, you must focus on three important things:

• You need to show that the surgeon did not do their job as well as they should have. This means proving that their actions were not what a skilled and careful surgeon would have done in the same situation.

• You have to prove that the mistake the surgeon made was a major reason why you got hurt. You need to show that your injuries would not have happened if the error had not occurred.

• You must demonstrate that you were actually harmed because of the surgical mistake. This includes physical, emotional, and financial harm.

Contact a Kane County Medical Malpractice Lawyer

If you or someone you care about got hurt because of a mistake during surgery, reach out to Kinnally Flaherty Krentz Loran Hodge & Masur P.C.. An experienced Aurora, IL, medical malpractice lawyer who knows about medical mistakes can assist you in getting the compensation you deserve. Dial 630-907-0909 for legal guidance.