Surgical Medical Malpractice: What You Need to Know

What defines surgical malpractice? How do you determine that surgical medical malpractice has taken place? Should you consult an attorney to go to trial or seek a malpractice settlement? The goal of this article is to provide you with the knowledge necessary to navigate the world of surgical medical malpractice. That way, you can better understand what has happened and decide if you should take legal action.

Surgical Medical Malpractice Defined

Every surgery, no matter how minor, should be performed with the utmost care by a professional and knowledgeable doctor. When a medical professional fails to administer the best care for a patient, medical malpractice may be to blame.

Surgical medical malpractice occurs when a surgeon, anesthesiologist or another person involved in a surgery is negligent in their duties and their actions cause direct harm to a patient. Surgical malpractice can even occur during procedures that are considered to be routine, including colonoscopies, knee replacements and appendix removals.

Surgical Malpractice Can Occur Before, During or After Surgery

Surgical malpractice incidents don’t just happen during surgical procedures. Doctors are required to follow certain critical steps before and after surgery for the safety of the patient.

Many cases of surgical medical malpractice arise because a medical professional does not give a proper consultation before surgery. The doctor must examine the patient and determine two things: 1) what procedure the patient needs and 2) whether the patient can safely undergo the procedure. Then, the doctor must not only discuss the benefits and risks of the procedure with the patient but also list and describe any alternatives. The doctor cannot proceed without the informed consent of the patient or legal guardian.

There is always a possibility that errors occur during surgery that can result in surgical malpractice. Medical professionals must do everything they can to avoid potential errors and establish a clear line of communication between each team member. In some rare cases, surgeons may operate on the wrong body part or organ if proper steps aren’t taken prior to surgery. Or they may lack the experience or knowledge necessary to complete a more complex procedure. Surgical tools can even be left inside a patient’s body.

After an operation, doctors must follow up with their patients to discuss the surgery as well as the proper steps for a successful recovery. It’s also important for the doctor to confirm that the recovery environment is clean and safe for the patient. Doctors are required to carefully observe a patient for a period of time to determine if the patient is healthy enough to be released from the hospital.

Claiming Damages from Surgical Medical Malpractice

There are strict rules medical professionals must follow before, during and after surgical procedures. And it is important to be aware of these requirements to recognize when a doctor has made harmful errors due to negligence. When in doubt, always ask questions before your surgery to get a better sense of the procedure and what exactly will happen.

If you believe that you or someone you know has been a victim of medical malpractice, Avera & Smith is here for you. Don’t hesitate to give us a call at 1-800-654-4659. Our attorneys have a proven track record of successful trial verdicts and malpractice settlements for our clients. Get your free consultation today.