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Can you sue a surgical error under medical malpractice law?

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medilegal360
Can you sue a surgical error under medical malpractice law?

https://www.medlegal360.com/medical-malpractice-law-surgical-error/

A surgical procedure is always rife with inherent risks. Medical professionals can reduce the risks of common surgical errors by exercising due diligence. When such errors occur, never hesitate to seek legal counsel. The primary cause of a surgical error is the physician's incompetence and failure to analyze the patient's medical condition. A lack of a thorough discussion with the patient about the patient's previous medical history may result in complications during the surgery.

Surgery on the wrong site, wrongful amputation, causing damage to healthy organs during surgery, anesthesia errors, surgical instruments left in the patient's body after the procedure, severe infections after the procedure, nerve damage during the surgery, internal bleeding after the surgery, and failure to prevent complications during surgery are all examples of surgical errors. It comes under the category of medical error.

Health complications, the need for repeated follow-ups, the need for corrective surgery, the need to take medications, the need to take time off work, the need for rehabilitation therapy sessions, stroke, permanent disability, and death are the most common consequences of surgical errors.

Depending on the degree of negligence of the physician involved, medical malpractice law considers a surgical error to be malpractice. The law examines the case to determine how the physician failed to meet the standard of care owed to the patient. To be considered medical malpractice, it must be demonstrated that the surgeon could have avoided the error. The victim should have suffered significant harm as a result of the surgical error.

In a surgical error claim, the herculean task would be to determine whether the damage is a normal complication of the surgery and whether it was discussed in detail with the patient. A surgical complication is a medical event, whereas a surgical error is the result of negligence. In cases where a surgical error kills the victim, his legal dependents may file wrongful death lawsuits.

Medical malpractice attorneys would use the medical record review process to gather evidence for surgical error in collaboration with a credentialed medical record review company. Professional medical record reviewers would examine the claimant's medical charts and study every detail of the surgical procedure. A well-written medical chronology report would undoubtedly help the claiming process. Medical record review and analysis can easily uncover situations such as missing medical charts or medical record tampering.

Experiencing the aftereffects of a surgical error and emotional trauma is never compensable. Medical malpractice law, on the other hand, assists the victim in meeting the enormous medical expenses and financial burden endured by the individual.

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