Undergoing surgery can be a stressful experience, and the last thing a patient expects is a surgical error. Unfortunately, these errors do happen and can have serious, sometimes life-altering consequences. At Rasmussen & Miner, we understand the complexities of these situations and, as experienced medical malpractice attorneys, are dedicated to helping victims understand their legal options and rights.
What Constitutes A Surgical Error?
A surgical error is a preventable mistake that occurs during surgery, deviating from the standard of care that a competent surgeon would provide under similar circumstances. These errors can include wrong-site surgery, incorrect procedures, anesthesia errors, leaving surgical instruments inside the patient’s body, or infections due to poor surgical environment standards.
Determining If You Have A Case
To determine if you have a medical malpractice case due to a surgical error, several key factors need to be considered:
- Breach of Standard of Care: It must be established that the surgeon or medical staff failed to adhere to the established standard of care.
- Injury Caused by the Error: There needs to be a clear connection between the surgical error and the injury sustained.
- Damages Resulting from the Injury: The injury must have led to specific damages, such as additional medical bills, loss of income, pain and suffering, or other forms of hardship.
The Role Of Medical Experts
In surgical error cases, medical experts play a crucial role. They provide testimony on the standard of care expected, how the surgeon deviated from this standard, and how this deviation caused your injury. Their input is crucial in building a strong case.
Navigating The Legal Process
Pursuing a claim for a surgical error involves a series of steps:
- Gathering Evidence: This includes medical records, witness statements, and expert opinions.
- Filing the Claim: A lawsuit is filed against the responsible parties, which could include the surgeon, hospital, or other medical staff.
- Negotiation and Settlement: Many medical malpractice cases are settled out of court. However, it’s important to ensure that any settlement offer adequately covers your damages.
- Trial: If a settlement cannot be reached, the case may go to trial, where a judge or jury will decide the outcome.
Compensation In Surgical Error Cases
Compensation in these cases can cover various damages including medical expenses (both current and future), lost wages, pain and suffering, and punitive damages in cases of gross negligence.
At Rasmussen & Miner, we are committed to guiding our clients through the complex legal journey of a medical malpractice claim. We understand the physical, emotional, and financial toll that surgical errors can take on individuals and their families. Our team, experienced in handling such sensitive cases, works diligently to ensure that our clients receive the justice and compensation they deserve.
If you or a loved one has suffered due to a surgical error, it’s important to understand your legal options. Working with our knowledgeable Salt Lake City, UT medical malpractice lawyer can help you navigate these challenging waters. At Rasmussen & Miner, we are here to provide the support and expertise necessary to make informed decisions and pursue the appropriate course of action for your unique situation. Remember, you are not alone in this – we are here to help every step of the way.