Getting surgery can be really a big deal. While some patients get the treatment they deserve, others become victims of surgical errors — which can cause further damage (minor or permanent) or worse, death.
If you are, thankfully, alive even after your surgeon has committed an error, it is but natural to claim for a surgical injury. As it is quite a complex procedure, getting help from a surgical injury attorney should be on top of your priority.
Common Surgical Errors
There are several ways where a medical expert can commit a surgical error. The most common include:
Injecting too much (or too little) anesthesia
Causing damage to your nerves or organs
Operating on the wrong body part
Performing the wrong type of operation
Leaving foreign objects (e.g. Surgical tools) in your body
Causing infection due to poor hygiene
Failing to inform you about the risks of the operation
If your case is caused by any of these, you typically have three years to make a claim (either after the surgery date or after you’ve discovered your surgical injury). It’s important to check what your state law says about this matter so you can file your claim within the allowable time period.
Why Hire A Surgery Injury Attorney
As mentioned, making a claim can be quite complex for the layman. By hiring a lawyer, he or she can help you proceed with the following steps involved in filing for surgical injury damages:
Determining liability. First and foremost, your case must establish that there is indeed a liability in the surgeon’s side — meaning, he or she has failed to fulfill his or her responsibility to keep you safe while the surgery is taking place. To strongly back up your claim, it is important to seek help from a qualified medical witness to determine that there has been negligence and malpractice on the part of the surgeon.
Showing causation. There are instances when a medical expert’s negligence and patient’s injury aren’t related at all. Or the complication that happened is an inevitable one and part of the things expected to happen post-surgery. Hence, it is important to demonstrate “causation.” In this step, a lawyer will also need to consult with a medical witness to appropriately assess the situation.
Calculating the damages. After seeing that there’s indeed a sufficient basis for filing a claim, the court will now compute the damages you can claim from the other party. This amount refers to the value of your claim, or the amount that the other party agrees to pay. If both parties don’t agree to a certain amount, the court will be the one to determine the valuation of your damages.
What Are The Compensations You’re Entitled To
Depending on the extent of the injury, you are entitled to receive compensation for the following:
Medical bills (current and future)
Lost wages (current and future)
Living and transportation expenses
Pain and suffering
Loss of consortium
When you hire a reputable lawyer, you will be able to get through this rather complicated legal drama more efficiently and receive the compensation you are rightfully entitled to.
At Montross Miller, we have years of experience handling medical malpractice and negligence cases. If you need a surgical injury attorney, contact us today.