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Surgical Mistake Malpractice Attorneys



The number of surgical mistakes made in the United States each year is alarmingly high. What is worse, the number of injuries is on the rise. None of these errors or injuries should be accepted by the victims or their families. If you are a victim of a surgical mistake talk to a medical malpractice attorney about a potential legal claim. Virtually all of the surgical injuries should have been avoided.

The consequences of a surgical mistake can be devastating to the victims and their families. An estimated 100,000 hospital patients die every year as a direct result of medical malpractice or medical negligence involving surgical mistakes by surgeons and other health care professionals in operating rooms.

When you or a family member signs a consent form allowing surgeons to operate, you do not anticipate surgical mistakes will be made during the procedure that will result in injuries. One tends to expect expertise on the part of the surgeon, that he or she has performed the procedure numerous, even hundreds of times, and is competent and experienced enough to perform the entire procedure without error. You have a right to expect it.

Surgical mistakes are the most shocking of medical malpractice claims and include leaving surgical instruments inside patients during surgery, operating on the wrong site and even operating on the wrong patient. By signing a consent form to permit surgery, you do not give up your right to sue in a case of medical malpractice claim. Regardless of signing any forms, if you are the victim of a surgical mistake that is the result of malpractice, you should contact a medical malpractice attorney immediately.There are many contributing factors to surgical mistakes; including hospital and operating room overcrowding, surgeon fatigue, miscommunication amongst surgical staff, inattentiveness, poor and illegible handwriting on charts, failure to take proper patient medical history, failure to note all drug allergies and inadequate pre-operative planning.The consequences of surgical mistakes are serious. The medical costs involved in correcting or fixing those mistakes can be exorbitant. Patients may have to pay for multiple surgeries to correct the problem. There may be nerve or organ damage, infection and scarring. Medicare and several insurance companies have recently decided that they will not pay for surgical mistake corrective surgeries, leaving the victims to bear the costs. If you or a loved one are a victim of a surgical error you will need to contact an experienced personal injury attorney.


Who Can Sue

With the growing number of government programs, such as Medicare, individual state Medicaid programs and private insurance carriers opting out of paying for surgical error corrective surgeries and some carriers refusing to pay for botched procedures in the first instance, many hospitals and medical centers are not reporting surgical miscues that are not immediately obvious.

If following a recent surgery your recovery does not go well or if you suspect something is wrong, you need to contact a medical malpractice attorney right away. It is possible that you will have to bring suit against the institution, the doctors, the operating room staff and the post surgical staffers in order to determine liability for the malpractice. Do not delay. Do not attempt to simply shrug off your discomfort. There is limited time for you to bring suit and you must file in order to protect yourself and your family against future costs for corrective procedures to reverse a surgical mistake.

You may also be entitled to compensation for your past and future medical expenses, mental anguish and physical disabilities.

Patients and medical boards alike hold surgeons to very high standards, when even small mistakes can have life-long repercussions for patients. Although most surgeons are highly trained professionals who rise to the challenge, there are many who do not. If you or a loved one has suffered injury due to a surgical error it is important that you contact an experienced medical malpractice attorney.

In the case of surgical malpractice there is a Statute of Limitations, within which you are able to bring suit. The time allowed under a Statute of Limitations varies from state to state. It usually ranges from six months to four years. The Statute of Limitations refers from the time the malpractice is committed to the final date for which a suit may be filed. There are instances in which an injury is not discovered for months or years after it occurs. In these instances, the Statute of Limitations begins when the injury is discovered or when the injury should have been discovered. If you or a family member experience pain and ignore it for a period that extends beyond the period of the statute, then you may be abrogating your right to file suit.

You should know your legal rights. Your insurance company may recognize medical errors were committed. They however will not want to fully compensate you for those errors, so they may attempt to get you to settle for a lesser amount than you are entitled too.


Potential Recovery
  • $30,000,000: A jury award to a 47-year-old Florida woman in 2007, after her feet and fingers were amputated as the result of complications with her tummy-tuck surgery. The woman had the tummy-tuck to correct muscle damage due to three caesarean sections. Later blood and fluid began collecting in her wound, causing her extremities to turn blue. The woman’s feet and fingers had to be ultimately amputated as a result of poor post-operative surgical care.
  • $1.9 million: A settlement recovered in a medical malpractice/ wrongful death case in Palm Beach County, Fl, after a wife and mother died during a routine cosmetic plastic surgery procedure.
  • No published verdict in the case a 54-year old Miami man who was scheduled for trial in late 2008, after injuries resulting from the negligent removal of his gallbladder. The man went into a local hospital for what should have been an uncomplicated procedure and -- due to his botched surgery -- required multiple corrective procedures and was left with horrendous scars and in need of further care.
  • No published verdict in the case involving the estate of a 24-year-old Norfolk, Va.,  woman who sued her doctors in 2006, following her fatal cosmetic surgery operation. The case alleged that the surgeon tore the woman’s esophagus during the operation to remove a medical device, causing her death.
  • No published verdict in the case of the California woman who sued her physician following lopsided breast reduction surgery in 2006. Due to an error in which the doctor reduced the wrong breast in size, the woman was forced to undergo another surgery to correct the problem. The lawsuit claims that despite consulting with the physician before the surgery, the breast reduction surgical mistake happened.
  • In 2007, an Illinois hospital agreed to a non-published out-of court settlement regarding the surgical death of a 17-year-old female in 2004. The victim underwent surgery to upgrade a device that prevents fluid buildup, implanted in her brain when she was an infant, and due to an error, she died.
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