Surgical and Hospital Malpractice
Individuals routinely seek information from our firm regarding potential medical malpractice claims arising out of surgical procedures that end without success. It is important to understand that a bad result does not always mean that a lawsuit is an option. As in any malpractice case, the standard of proof and the legal test is the same: Some error must have been committed and the error must have been one that a reasonable physician (or nurse, etc,) would not have committed under the same circumstances, or under similar circumstances; further, the error must have been the proximate cause of any resulting injuries or damages suffered by the patient. Surgery can be the only option for a patient, or can be an option of last resort after other conservative measures have been tried and were not successful.
As a result, when surgery ends in a bad result, many initially believe that a medical error must have been committed. Because there can be many reasons for an unsuccessful result, it is extremely important to have an understanding of the surgery undertaken as well as the procedures and policies in place to guide the surgical team. An investigation must be initiated into the conduct of all involved and discovery must be aggressively undertaken to secure records, testimony and other forms of evidence.
There are many persons in an operating suite, and each has some duties that are unique as well as duties that require assistance from others in the operating room. Everyone present during a surgery must be examined to make a determination regarding when, where and how mistakes may have been made. In order to effectively accomplish such an evaluation, a thorough investigation into the names of all personnel in the operating room must be undertaken. It is important to know the surgeons, assistant surgeons, nursing staff, anesthesiologists, drug or medical device company representatives, and any other person who may have knowledge or information about the surgery and the conduct of the people in the room.
Contact us for more information.