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surgical errors d1874275

Surgical Mistakes

What is medical malpractice?

The legal standards for malpractice vary by state. Generally speaking, any adverse medical event that occurs in the course of receiving medical treatment is medical malpractice.

What is a surgical mistake?

Ask the average American for an example of a surgical mistake and you may hear their synopsis of a Seinfeld episode involving Kramer and a Junior Mint. In reality, surgical mistakes can be devastating, with lasting and even deadly consequences.

Medical errors are rarely obvious. Studies suggest more than half of the people injured by a medical mistake aren’t even aware of the error. You or your loved one could be a victim and not even know it.

Does a surgical mistake only happen during surgery?

No, a surgical mistake isn’t limited to the procedure itself. Pre-op, post-op, and recovery care can derail a “successful” surgery.

If your outpatient procedure turned into a lengthy hospital stay due to “complications,” you may have a case for malpractice.

How common is medical malpractice?

More common than you think. In the United States, it’s one of the top three leading causes of death. Only cancer and heart disease claim more lives annually.

Medical mistakes kill more people than car accidents. In other words, someone in a car accident is more likely to survive the crash than they are the medical treatment that follows. Scary stuff.

The most common types of medical mistakes can be hard to spot. Few are as evident or dramatic as amputating the wrong limb. In many cases, a patient will be told they suffered complications when they were actually the victim of malpractice.

What are examples of medical malpractice?

Some of the most common mistakes include:

  • Misdiagnosis or delayed diagnosis
  • Incorrect medication dosage
  • Infection from cross-contamination
  • Harmful drug interactions

Some lesser-known examples of medical malpractice include:

  • Falling from a CT or MRI table before, after, or during a diagnostic procedure
  • Being dropped by medical staff while in-transit to medical facility
  • Burning your throat from scalding tea provided by the medical facility
  • Injuries sustained in transit vehicle during hospital transfer to rehab
  • Hurt by a broken hospital stretcher

How can I reduce the risk of suffering a medical mistake?

There are steps you can take to reduce your risk of injury from medical mistakes. If you’re going in for a scheduled procedure, select a facility with safeguards in place.

Be prepared in case of an emergency. You may not be able to communicate with emergency personnel so have a plan in place. Be sure to share that plan with your emergency contact.

Tips for reducing your risk of medical errors:

  • Choose a hospital that uses a barcode system
  • Bring someone you trust to advocate for you
  • Ask questions about the procedure and medications
  • Make sure staff follows hand-washing protocols

Medical mistakes account for an overwhelming majority of bad hospital outcomes. Infection, medication mix-ups, even a misplaced decimal point can result in extended hospitalization, chronic conditions, or death. The emotional, psychological, and financial repercussions of medical mistakes are costly and traumatizing.

What is the statute of limitations for filing a medical malpractice claim?

The window to file a claim is typically small. Each state has its own statute of limitations. If you suspect malpractice, take action immediately.

Memories fade. Paperwork gets lost. Take a proactive approach to protecting yourself. Document every interaction and maintain a copy of all records. The sooner you act, the better your chances are of preserving crucial evidence.

Victims of surgical mistakes face a range of obstacles when seeking adequate compensation – obstacles meant to deter injured people from filing a claim. This can include:

  • Caps on settlement amounts
  • NDAs that prevent medical staff from testifying
  • A vast, experienced in-house hospital legal team

Pursuing a medical malpractice claim can feel like an uphill battle.

Choose an experienced medical malpractice lawyer

When a simple, out-patient procedure turns into an extensive hospital stay, you need an ally with medical malpractice experience. Insurance companies have a financial stake in settling your case quickly.

The personal injury attorneys at Rubenstein Law have access to the best experts and the experience to fight these complex medical malpractice cases. We can help you understand your rights.

We are here to answer your calls 24/7, nights and weekends. Call us today for a free consultation or visit one of our offices. If we take your case, we’ll cover all expenses until your case is settled. We don’t get paid until you do.