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Bringing a Medical Malpractice Claim for Surgical Errors
Salt Lake City Surgeon Medical Malpractice Lawyer
Some people are not good candidates for surgery.
When surgery is essential because of a medical problem, the patient and doctor must weigh treatment risks. When surgery is not strictly necessary, the medical provider has an even greater responsibility. After all, the doctor’s first duty is to do no harm.
If you suffered severe or permanent injuries because of a botched surgery, or a loved one died a surgical error or post-surgical problems… you may feel plagued by doubts about whether medical negligence contributed to the tragedy. You want answers.
At the Salt Lake City law office of Rasmussen & Miner, our medical malpractice attorneys have been helping injured people find answers—and financial compensation—for more than 20 years. Allow us to help you. Contact us for a free initial consultation.
Why You Need an Experienced Legal Advocate for Surgical Medical Malpractice Cases
Every surgery has its risks. Were the injuries you suffered an unavoidable consequence of a risky surgery, or were the injuries resulting from negligence? Only a medical expert can genuinely understand the complexities of surgical errors. That’s why Rasmussen & Miner works with medical experts from around the region to help build a case for medical malpractice.
Examples of surgical error cases we have handled and do handle include:
- Penile implant surgery that should not have occurred because of a pre-existing condition with vascular insufficiency;
- Foreign object left in the body;
- Anesthesiology errors during surgery causing severe a drop in blood pressure and damage to the spinal cord;
- LASIK surgery on a patient who was a poor candidate for LASIK;
- Laser skin treatment or oral laser treatment administered by a doctor or a technician who is not a trained, board-certified surgeon;
- Lack of preoperative and postoperative care;
- The wrong surgical procedure performed (i.e., wrong body part operated on or amputated;
- Cases in which the surgery patient was not fully informed of the risks of the procedure (lack of informed consent);
- Outdated and risky surgical procedures that should never have been performed; and
- Risky surgery performed on a patient who was not a good candidate because of a previous gastric bypass.
At the law office of Rasmussen & Miner, we know this is not just a court case for you; it’s your future. If you’ve been the victim of surgery malpractice, we are here to protect your rights. Call (801)363-8500 or contact our Salt Lake City law office to schedule a free consultation.
Understanding Medical Malpractice Cases
When victims face possible medical malpractice after surgery, it’s imperative to contact a surgical errors attorney Salt Lake City, UT victims, can depend on for help. Cases involving surgical errors are complicated, and you will need a law firm with the resources and ability to help prove medical malpractice. Because such matters can involve significant damages, your lawyer will be able to support you in reviewing your case to outline the next steps. Victims have a limited time to take action before the statute of limitations expires, so it’s critical to take the first step by meeting with Rasmussen & Miner to get started.
Proving Surgical Errors
When an injury is caused by a doctor, medical staff, or hospital’s negligence, medical malpractice may have been a factor. One of the most common types of medical malpractice cases are surgical errors that have resulted in harm to the patient. Cases of this nature are highly complex, and it will be necessary to gather critical evidence to prove the following:
- Duty of Care: This will include proof that a doctor-patient relationship existed when the surgical error occurred. In addition to this, doctors and healthcare workers are required to uphold the medical standard of care, which means that they will administer medical care to patients with the same skill level that would be received from another medical professional.
- Breach of Duty of Care: When a patient receives substandard treatment or treatment falls below the medical standard of care, there may have been a breach in the duty of care.
- Negligence: Your Salt Lake City, Utah, surgical errors attorney will work to prove that the doctor’s negligence contributed to the injuries that the victim experienced. This is also known as causation and will take key evidence to prove.
- Damages: To bring forth a medical malpractice case, victims will need to be facing damages of some kind as a result. Damages might include injuries, physical pain, medical expenses, and lost wages. Damages are a way of assigning value to the losses that have been incurred as a result.
Preparing cases involving surgical errors will take an experienced lawyer to ensure that victims can receive compensation for the extensive damages they may be facing. Working with a legal professional provides victims with vast resources to prove each element to medical malpractice was present.
Act Before the Statute of Limitations Expires
The statute of limitations is the length of time a victim of medical malpractice has to take legal action. In Utah, the statute of limitations is two years from the injury date or the date that the injury was first discovered. Once the timeframe expires, victims lose the ability to take legal action, and there are very few exceptions to extending the statute of limitations. Because the process of strategizing a medical malpractice case can take time, victims must act quickly if they believe they have experienced negligence from a medical professional.
Your First Steps
If you have received medical care or undergone surgery that caused further harm, it can be challenging to know what steps to take next. Deciphering what went wrong and understanding medical documentation can be challenging for a non-medical professional. While your first instinct may be to contact the hospital or doctor you believe was responsible, you may want to wait until you speak with a lawyer. Your first step to ensuring that you receive the best possible outcome for your legal case is to reach out to an attorney with experience in representing medical malpractice cases. Many lawyers offer complimentary case evaluations that provide the opportunity to learn more about the most appropriate way to move forward with your case.
At Rasmussen & Miner, we know that injuries resulting from medical malpractice are devastating. We want to help protect your interests by reviewing your case and representing you in the way you deserve. To learn more about the services we provide, schedule an appointment with our Salt Lake City, UT surgical errors attorney as soon as possible.