Can I Sue for a Surgical Error?
Medical professionals have a duty to follow the standards and practices established in their specialty when administering care. A physician who falls below the accepted standard of care, which results in harm to the patient, is liable for malpractice. A physician who exhibits negligence during a surgical procedure should be held responsible for their actions.
A successful medical malpractice claim relies on strong supporting evidence. To collect damages, you must show that you experienced damages or losses related to the surgeon’s oversight or misstep. In this blog, our Greenville surgery malpractice attorneys discuss what constitutes a surgical error as well as what forms of damages you may be able to recover.
Elements of a Medical Malpractice Claim
A successful medical malpractice claim is based on proving the following:
- That a doctor-patient relationship existed;
- That the physician violated the established standard of care in their field or specialty;
- That the physician’s negligence directly caused the patient harm; and
- As a result of the mistake, the patient suffered measurable losses.
What is Considered a Surgical Error?
Surgeons and healthcare professionals as a whole must adhere to the standard of care established in their specialty. Simply having a bad outcome does not constitute a surgical error. However, the physician is still open to liability if they failed to warn you about potential risks or complications.
Common examples of surgical errors often involve:
- Performing surgery on the wrong body part or the wrong side of the body;
- Performing the wrong surgical procedure;
- Leaving a foreign object or surgical instruments behind following surgery;
- Failing to identify or respond appropriately to complications;
- Failing to follow proper sterilization methods (which can lead to a post-operative infection); and
- Failing to administer the correct dosage of anesthesia.
How Can a Surgical Malpractice Lawyer Help Me?
As patients, we rely on physicians to tend to our ailments when we are sick or injured. Although there are certain risks associated with any procedure, a patient deserves to be compensated adequately if a physician causes their condition to further deteriorate. South Carolina law only allows patients three years to file a claim, so you must act quickly.
At Parham Smith & Archenhold, LLC, our Greenville medical malpractice attorneys believe that individuals should receive maximum compensation related to any losses caused by a physician’s negligence. To determine if a physician committed medical malpractice, our legal team will consult with medical practitioners in the same field and comb through medical imaging and other available evidence to discern when and how the malpractice occurred.
Our medical malpractice team has been integral in helping injured patients recover the following damages:
- Lost wages
- Loss of earning capacity
- Surgeries and procedures
- Rehabilitative therapies, including occupational and physical therapy
- Prescription costs
- Home modifications
- Pain and suffering
- Infliction of emotional distress
- Permanent disability
- Scarring and/or disfigurement
Speak with Our Greenville Surgery Malpractice Lawyers Today
A surgical error can have devastating consequences, which can impact your ability to work or perform basic tasks. If you or a family member has been affected by surgical malpractice, do not hesitate to contact Parham Smith & Archenhold, LLC, today. Our Greenville surgery malpractice attorneys are happy to assess your situation to determine the full worth of your malpractice case. To schedule your free consultation, our office can be reached online or by calling (864) 432-1796 today.