Surgeons are tasked with executing some of the most delicate tasks in the world – operating on people. If everything goes to plan, a surgical procedure can help a patient recover and enjoy a quality life once again. If a mistake happens, however, a patient can sustain further injuries or even lose their life.
Everyone makes mistakes. However, if a surgical error is attributable to the hospital or professional negligence, you may be eligible for damages through a medical malpractice claim.
Understanding surgical injuries
Basically, surgical injuries arise from actions that could have otherwise been prevented were the surgeon, the support staff or the hospital to follow the laid down procedures before, during or after the operation. Surgical injuries can result from any of the following actions:
- When the surgeon performs the wrong or unnecessary procedure on the patient
- When a surgical instrument is retained in the patient
- When the patient develops post-operation infections due to improper handling
- When there is an error in anesthesia administration (too much or too little anesthesia)
One or more of these actions can result in complications or even the patient’s death.
So, how do these injuries happen?
Like in any civil claim, everything boils down to the concept of negligence. In other words, you have to show that the healthcare professional who attended to you failed in their duty of care resulting in your injuries. Subject to the circumstances of your injury, here are some of the arguments you can raise:
Incompetence – if the surgeon or the support staff lacked adequate training to perform the procedure and/or provide proper pre and post-operation care.
Fatigue – If the surgeon operated on you while fatigued resulting in injuries.
Just like everyone else, surgeons aren’t perfect. If, however, their negligence results in injuries to you or someone you love, you may hold them or the hospital liable.