Any surgical procedure, even minor surgery, carries risks, but preventable surgical mistakes might constitute medical malpractice. If you or a close relative has been harmed by a surgical mistake, turn to Chatham Gilder Howell Pittman, .
We know how to hold surgeons accountable for mistakes that result from negligence or incompetence and will make sure your rights are protected. When you become our client, your case will be handled directly by an experienced surgical malpractice attorney who understands your suffering and sense of betrayal.
You can count on our legal team to handle all the details of your claim so you can focus on healing. We offer free consultations and will charge no attorneys’ fees until we win compensation for you. Because the time limit to file a medical malpractice claim is two years from the date of injury or discovery, you must act quickly. Contact our office today to get started.
What surgical mistakes constitute surgical malpractice?
Not every surgical mistake is considered surgical malpractice. To have a viable malpractice claim, we must be able to prove that the surgeon, medical team, or hospital deviated from the accepted medical standard of care. This is the level of care a reasonably skilled surgeon would have provided under similar circumstances.
Surgical errors can occur during serious procedures, but surgeons can make mistakes in all types of situations. Common surgical mistakes include:
Anesthesia Errors
Patients can be given too much or too little anesthesia. A patient who receives too much anesthesia may be deprived of oxygen and suffer brain and/or organ damage. A patient who is provided with insufficient anesthesia can awaken during surgery and experience tremendous pain.
Surgical Instruments Left Inside The Body
Surgical teams have been known to leave scalpels, clamps, sponges, and other surgical instruments inside a patient’s body, which can cause severe pain, infections, and even death. This can be prevented if surgeons follow proper protocols, including checking off a “standard materials checklist.”
Nerve Injuries
Surgeons are often required to operate next to nerves, however, a preventable surgical mistake can sever a nerve or cause inflammation. In addition, patients can suffer pinched nerves if they are in an awkward position when anesthesia is being administered.
Wrong Body Part Surgery
Wrong body part or “wrong-site” surgery occurs when a healthy organ is removed instead of a diseased one (e.g kidney) or the wrong limb is amputated.
Wrong Patient Surgery
Lack of preoperative verification or poor hospital protocols can lead to healthy organs being removed from patients who don’t have the operation they actually needed.
Lack of Informed Consent
Surgeons in Mississippi have a legal obligation to (1) inform patients of the potential risks and benefits of any surgical procedure, as well as alternative treatment options, and (2) obtain the patient’s written permission to proceed. A surgeon who fails to obtain the patient’s informed consent and makes a surgical mistake that causes them harm can be held liable for surgical malpractice.
Reasons for Surgical Mistakes
Preventable surgical mistakes occur for several reasons, including:
- Incompetence – An inexperienced surgeon might lack the necessary level of skill to successfully perform certain surgical procedures.
- Insufficient preoperative planning – A surgeon must prepare in advance for procedures by reviewing the patient’s medical record and anticipating potential complications. Also, surgical teams are required to ensure that all the necessary equipment is ready and available as needed.
- Improper procedures – A patient can be seriously harmed if a surgeon skips certain steps during a procedure.
- Poor communication – Surgeons and surgical teams must communicate during procedures to avoid surgical errors such as performing wrong-site surgery, failing to have surgical instruments available, or mistaking the dosage of medication.
- Fatigue – Surgeons often work long shifts during which they perform multiple procedures, which makes them susceptible to fatigue and increases the risk of surgical errors.
- Alcohol and drug abuse – Surgeons abuse drugs and alcohol, which can affect their performance during a procedure and lead to a surgical error.
- Neglect – Surgeons who fail to make sure instruments have been properly sterilized or use outdated surgical equipment can be held liable for surgical malpractice.
No matter the reason for the surgical mistake that caused you harm, our surgical malpractice lawyer will work to hold the negligent party accountable and get you just compensation.
How Our Firm Can Help Victims of Surgical Mistakes
You can depend on us to conduct a thorough investigation and explore all the legal remedies available to you. If we determine that you have a viable claim, we will file a medical malpractice lawsuit to help you recover economic and non-economic damages.
Economic damages cover your actual financial losses, such as medical expenses and lost wages while non-economic damages are intended to compensate you for intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life.
If you have lost a loved one due to a surgical mistake, we can help you file a wrongful death lawsuit to obtain compensation for final medical expenses and other losses. No amount of money can replace a life, but it can bring you solace and help to secure your financial future.
At Chatham Gilder Howell Pittman, we know that most surgeons provide quality care to their patients, but preventable surgical mistakes are not uncommon. If you believe you have been the victim of a surgical mistake, we will provide you with compassionate representation during this difficult time. Contact us today for a confidential consultation.
Chatham Gilder Howell Pittman helps those who are victims of surgical mistakes throughout Northern Mississippi including the cities of Southaven and Hernando as well as the counties of DeSoto, Marshall, Tate, and Tunica.
