Surgical errors are one of the most common forms of medical malpractice in Kansas City. A surgical error can result in permanent disability or serious injury. A surgeon has a responsibility to ensure that the patient receives proper care according to established procedure. If you believe you have been injured by a negligent surgeon, speak to a Kansas City surgical error lawyer right away to discuss your legal options. An experienced attorney may be able to help you recover compensation.
Surgery Errors and Medical Malpractice
Medical malpractice occurs when a provider’s action or inaction leads to potential or actual harm to a patient. It’s important to note that malpractice is more than a simple diagnostic error but the presence of negligence. To prove medical malpractice, all of the following must apply:
You must have an in-office relationship with the provider.
That provider must violate his or her duty of care or commit negligence. Healthcare providers violate their duty of care when they do something another similarly trained provider would not, given the same circumstances (or vice versa).
That negligence directly led to injury, illness, or a poorer health outcome.
Your injuries led to specific damages, such as medical bills or lost wages.
Types of Surgical Errors
Undergoing a surgical procedure can be stressful. You must put your full trust in your provider, so it can be shocking when things don’t go as planned. Surgical errors range from mild discomforts to lifelong complications. Here are some examples of surgical errors that a KC lawyer can fight on your behalf for.
Errors during medication administration, for example, anesthesia errors
No two surgeries are exactly alike, so a surgical error may arise from any number of factors. There are some factors, however, that are more common than others, including:
Inability. Sometimes, a surgeon simply lacks the skill to perform the procedure effectively.
Insufficient planning. Operations require careful preoperative practice and planning. Perhaps your surgeon didn’t prepare adequately or practice the maneuver enough times before performing it in surgery.
Poor communication. A surgeon must effectively communicate with the anesthesiologist, nurses, and support staff during surgery. A breakdown in communication can lead to errors and complications.
Violation of best practices. Surgeons may cut corners or eschew best practices to cut surgical time. It sounds strange, but it happens.
Fatigue. Surgeons often work long hours and may experience fatigue as a result. If your surgical mistake was due to surgeon fatigue, the hospital that employs him or her may be to blame.
Drugs and alcohol. Although rare, surgeons may commit errors if they operate under the influence of drugs or alcohol.
A Kansas City Surgical Error Lawyer Can Help You Get Financial Compensation for Medical Malpractice Claims
When a surgical procedure goes awry, it may be due to surgical mistakes. Surgeons are not perfect, and medical malpractice cases are quite common in the United States due to an error that the surgeon makes. For example, they may have operated on the wrong body part, performed the wrong procedure, or even have left surgical instruments in the body of the patient. In addition, internal bleeding, anesthesia errors or other operating room errors could cause a patient harm.
Medical Malpractice in Kansas City
When this happens in Kansas City, you are entitled to receive compensation for the additional medical expenses caused by the surgical error.
In addition, you may be able to recover the original costs of your treatment and also seek compensation for missing work. However, you will want the help of a Kansas City surgical error attorney.
Start With a Free Consultation to Analyze Your Case
After a flawed surgery, you should look for a law firm that specializes in personal injury cases, specifically surgical error cases. Look for law firms that offer a free consultation so that you can speak freely with a lawyer about your surgery and the aftermath. You will need to share details of the surgery and your patient history with your lawyer. Bring medical bills and any documents that you may have signed before the surgery.
What to Tell Your Lawyer
Tell your lawyer what went wrong with your surgery and be sure not to leave out any details. While some surgical errors may seem like obvious examples of surgical malpractice, Kansas City law outlines rules that must be followed to file surgical error claims in court. Your lawyer needs to determine whether there was negligence and what injuries were caused by the surgical error. Consider how these two components work.
Was There Medical Negligence to Justify a Surgical Error Lawsuit?
In order for medical malpractice claims to be valid, you must demonstrate negligence from the surgeon or any other medical professional involved in your surgery.
Certain surgical procedures carry inherent risks that may result in complications. Complications are not necessarily the result of a negligent surgeon making a mistake. You have to show that the hospital staff did not follow proper surgical procedures while performing surgery.
What Your Lawyer Looks For
An experienced lawyer can evaluate the situation and determine how likely it was that procedures were not followed correctly.
If you eventually file a lawsuit, your lawyer can subpoena the hospital and its surgeons to gain access to documents to try to prove negligence in your case. Of course, a surgery on the wrong site, surgical instruments left in the body, or a wrongful death case will be easier to prove.
What Were the Damages Caused by Your Surgical Malpractice?
Besides negligence, you must also show evidence that your injury caused financial harm. In legalese, we refer to those additional expenses as economic damages.
For example, if surgical errors delayed your recovery and you were unable to go back to work as expected, you could claim your lost wages as damages. If your injuries caused you to need more medical treatment, the cost of that treatment would also be a form of economic damages.
In addition to economic damages, surgical errors may also give way to noneconomic damages. Most people know noneconomic damages as pain and suffering. You may sue for the total of your economic damages and an additional amount for noneconomic damages.
However, the final amount that you sue for is not guaranteed. When attorneys represent clients, they seek to obtain a settlement out of court whenever possible. This settlement may be lower than the total you seek in your lawsuit.
A Surgical Error Attorney Can Help you File a Medical Malpractice Claim
If you’ve been the victim of a surgical error, you have the right to speak to a lawyer. You may be able to get compensation for your injuries.
When to Contact a Kansas City Surgical Error Attorney
There is a difference between a simple error in judgment and medical malpractice. Recognizing the difference requires experience and expertise. If you believe you have been the victim of surgeon malpractice, contact our office for a free initial consultation. Let our team of top-rated personal injury lawyers in Kansas City review the facts of your case and help you decide if you have legal grounds for a medical malpractice claim.
Call Wendt Law Firm P.C. in Kansas City at 816-542-6734 to schedule a free consultation and discuss your case with experienced lawyers.