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Proving A Surgical Errors Case With The Help Of A Qualified Attorney By Lynn Harris on March 29, 2018

Surgery is meant to repair damage done to the body, but not every procedure is error free. Medical malpractice is a possibility in every operation and when it happens, the patient is entitled to recover damages from the physician or facility. Surgical errors can be the result of a mistake made during a procedure, the result of inexperience, negligent hiring patterns, or other practices that fall below the industry standard. In Salt Lake City, UT, the attorneys at Jones Waldo have experience helping families recover damages for surgical errors, which may include corrective procedures, ongoing therapy, and lifelong medical care needs.

doctors at operating table

Examples Of Surgical Errors

Even with the most routine surgical procedure, there is a risk that something will go wrong. When an error is made that could have been avoided, the doctor or hospital is responsible. Some common examples of surgical errors that should be examined further for potential action are:

  • Improper administration of anesthesia
  • Leaving a surgical sponge or another surgical instrument inside the body
  • Making an incorrect incision
  • Performing unnecessary or an incorrect surgery
  • Failing to take corrective action during a surgery, to avoid a complication
  • Oral surgery errors
  • Bowel perforation
  • Nerve damage

These errors can occur during a minor procedure, or with a more complex surgery. The key to any case is not the type of surgery, but whether the error was avoidable and what actions were taken that led to the error.

How To Prove Surgical Errors

Gathering the evidence needed to prove a surgical error can be an uphill climb because often times the only proof of what happened during the surgery comes from the physician who performed the operation. However, there are others present during any surgery and those nurses and anesthesiologists may also have information that proves helpful. It is also beneficial to get the notes and charts regarding post-operative care because that data may link a complication after the surgery to a negligent act that happened during the surgery. Many times it is necessary to obtain the opinion of another doctor, not related to the case.

Treatment And Damages For Surgical Errors

Most errors require a corrective surgery to repair the damage done. In other cases, it may be necessary to undergo extensive physical or occupational therapy, or have an onsite nurse provide daily living assistance. Even with these forms of treatment available, not every error can be corrected. Patients, or the family of patients, who have suffered a surgical error are entitled to damages for the injuries sustained. These may include the costs of corrective medical care, ongoing therapy and rehabilitation, pain and suffering, lost wages, and compensation for a decreased standard of living. Taking the necessary legal steps involves partnering with the right medical malpractice attorney, one who knows how to navigate these complex cases and who will fight for your rights.

Where To Turn For Help With Surgical Errors

If you are the victim of a surgical error, we can help. The law office of Jones Waldo helps patients and families pursue the maximum amount of compensation needed to adjust to a new lifestyle and to secure the medical care needed to recover from the error. Contact us online or call us at (866)-571-0939.

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Lynn C. Harris

Lynn C. Harris

Lynn Harris is a personal injury attorney dedicated to helping victims rebuild their lives. He does not collect compensation unless you do. Mr. Harris is part of the Jones Waldo law firm, which has five locations in four cities in Utah:

  • Park City
  • Lehi
  • Salt Lake City
  • Provo

He can arrange to meet you at the location nearest you. If you or a loved one has been injured, reach out to our firm online or call (801) 375-9801 today.

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