Any type of medical procedure carries some degree of risk. This is especially true for surgical procedures, which often have even a higher degree of risk due to the complexity of the procedures. We focus on trying to eliminate unnecessary risks and avoidable mistakes. When a surgeon does not meet the applicable standard of care – by either taking unnecessary risks or making avoidable mistakes – and you or a loved one is seriously hurt as a result, you may have a strong surgical malpractice case against the surgeon.
What Is Surgery Malpractice?
Surgical malpractice occurs when your medical professional performs below the accepted standard of care when compared to other professionals in the same practice area performing a similar procedure. If you were harmed as a result of that substandard care during your surgery, you may have a claim for damages.
Medical malpractice claims, especially surgical malpractice cases, are complex. You should not attempt to pursue a claim on your own. Retaining a skilled Minnesota surgery malpractice attorney can make the difference on whether you get the compensation you deserve.
At Madia Law, we focus on taking cases to trial, and getting exceptional results from juries for our clients. When pursuing a medical malpractice case, you want a Minnesota trial lawyer who has the skill, experience, and desire to push your case to trial. Even if you would rather settle – which is fine – you will only get a fair amount if the insurance company knows that you are ready to go to trial and beat them.
Examples of Common Surgical Errors
A surgical error is a preventable mistake that occurs during surgery. When something happens that goes beyond the known risks of surgery, it can rise to the level of medical malpractice. Some of the most common examples of surgery malpractice include:
- Wrong surgical site: One of the most stunning, but common surgical errors involves operating on the wrong surgical site, for example, if a surgeon operates on the wrong arm or leg. This can happen for a variety of reasons. Perhaps someone made a mistake with the patient’s chart or the surgeon got distracted before beginning the procedure.
- Nerve damage: Nerve damage is a known risk of many types of surgeries. Nonetheless, you may still have a claim for surgical malpractice if you suffer nerve damage as a result of surgery, if your surgeon: a) took unnecessary risks in your procedure; or b) made avoidable mistakes in your procedure. If your surgeon took unnecessary risks or made avoidable mistakes, then he necessarily failed to meet the appropriate standard of care required for surgeons in our community.
- Infection: If surgical instruments are not sterilized property, an infection can result.
- Foreign object: No one wants to think about something being mistakenly left behind in their body after surgery. Unfortunately, this is another common surgical error. Foreign objects left behind can be anything from a piece of gauze to a surgical instrument.
- Unnecessary surgery: If you are misdiagnosed, it can lead to a needless surgery that results in unnecessary pain and damage.
There are many different types of surgical errors that can occur. Don’t assume that if your situation is not listed here, you don’t have a case. Call us for an evaluation. We may evaluate your case with our experts, analyze similar cases, and then sit down with you and explain whether we think your case meets the threshold for medical malpractice, and whether we think it’s a case that would be worth your time to pursue.
For a legal consultation with a surgical mistake lawyer serving Minneapolis, call 612-349-2729
Why Do Surgical Errors Happen?
Every surgical malpractice case is different. Since most surgeries involve a team of professionals, someone other than the surgeon may have caused the error. With most procedures, you have surgical assistants, nurses, and an anesthesiologist. Everyone has an important role to perform. But the more people that are involved, the higher the chance for errors.
Some of the most common reasons for surgical errors include:
- Poor communication: Serious problems can arise if the surgical team doesn’t communicate well: someone could pass the wrong equipment, relay the wrong medication dosage, or even mark the wrong surgical site.
- Inexperience or incompetence: If a surgeon lacks experience with the particular procedure – and hasn’t taken the time to get the necessary experience and training before performing the procedure – it can have catastrophic results for the patient.
- Fatigue or exhaustion: Fatigue is not uncommon with surgeons. They often work long hours and do back-to-back surgeries. Anyone who is exhausted has the potential to make a mistake, even surgeons.
- Lack of pre-op planning: Like all good teams, a surgical team must be prepared. Sufficient pre-op planning includes reviewing records, preparing for possible complications, and verifying that all necessary equipment is ready and available.
- Working under the influence: Unfortunately, stress can lead medical professionals to drink irresponsibly or use drugs. Of course performing any medical procedure – especially a surgery – while under the influence constitutes taking unnecessary risks with a patient’s health.
Minneapolis Surgical Mistake Lawyer Near Me 612-349-2729
What Damages Can Be Recovered for Surgical Malpractice?
There are no caps on damages in Minnesota. You are eligible to recover a number of different types of damages for medical malpractice, including:
- Medical bills and costs
- Lost income
- Past bodily and mental harm including pain, disability, disfigurement, embarrassment, and emotional distress
- Future bodily and mental harm including pain, disability, disfigurement, embarrassment, and emotional distress
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Is There a Statute of Limitations for Surgical Malpractice Claims in Minnesota?
In general, you have four years to bring a surgical malpractice claim in Minnesota, but this is not necessarily four years from the date of your surgery.
That’s because not all surgical malpractice cases are discovered at the time of surgery. If a patient can show that the medical error wasn’t discovered – and could not have reasonably been discovered – at the time the mistake was made, then the four year statute of limitations clock might be paused.
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What Should I Do if I Was a Victim of Surgical Malpractice in Minnesota?
You need help from someone who knows what they are doing, to:
a) get all of your medical records;
b) get them to an expert for evaluation;
c) do a legal analysis of your case; and
d) get your case served within the statute of limitations, along with the Certificate of Expert Review.
Call our Minnesota Surgical Malpractice Lawyer today at 612.349.2729, or fill out the form below.
Call 612-349-2729 or complete a Case Evaluation form
