How Outpatient Procedure Errors are Leading to Malpractice Lawsuits
Given their lower costs and convenience, outpatient surgeries are increasingly in demand. While these procedures are relatively simpler and less invasive than surgeries requiring hospitalization, errors can occur. At Parham Smith & Archenhold LLC, our Greenville surgery malpractice lawyers have dedicated their lives to advocating for victims of medical malpractice. Our legal team has successfully advocated for individuals who have experienced harm at the hands of a medical professional and is ready to put its resources to work for you.
Deviating from the Standard of Care
A healthcare professional has a duty to take appropriate measures to ensure that a patient receives the highest level of care. The standard of care is based on what steps an experienced practitioner in the same field would take under the same or similar circumstances. A physician deviates from the standard of care anytime their conduct differs from what a competent practitioner would do. When a patient suffers harm, this lays the groundwork for a medical malpractice suit.
Types of Outpatient Procedure Errors
Outpatient procedures can lead to medical mistakes, costing patients thousands of dollars in medical bills. Common types of outpatient procedure errors include:
Wrong Site Surgeries
Known as a “never event,” an estimated 40 wrong-site surgeries take place each week in the United States. In the medical field, a “never event” is an event that is completely preventable given appropriate protocols are in effect. Wrong-site surgeries may include operating on the wrong patient, the wrong body part, or the wrong side of the body. An example of wrong-site surgery would be taking out the left kidney when the right kidney is the one failing and in need of removal. Wrong-site surgeries often lead to further health complications.
Retained Foreign Objects
Although hospitals have regimens for instrument counts during procedures, surgical sponges and other objects are sometimes left behind in the surgical field. Just like wrong-site surgeries, retained foreign objects are another example of “never events.” While South Carolina law gives medical malpractice patients three years from the date of medical malpractice to take suit against a healthcare provider or healthcare institution, there is an exception when it comes to retained foreign objects.
Under SC Code §15-3-545, a person has three years from the date of discovering their injury or the date they should have become aware of their injury to file a medical malpractice suit. Known as the discovery rule, this extends the statute of limitations, or legal “clock,” permitting injured parties more time to take legal action. No matter when your injury is discovered, the maximum statute of limitations cannot exceed six years.
Anesthesia Errors
Anesthesia helps to alleviate pain during outpatient procedures, calming the patient’s sensory nervous system. Although it comes with significant benefits, dosing errors can occur. While too little anesthesia will not provide pain relief, too much can result in an overdose. Additionally, allergic reactions can occur, leading to further health problems and death. These allergic reactions are avoidable by taking a complete patient history.
Considerations Before Filing a Medical Malpractice Suit
If a physician or other healthcare provider committed an error during an outpatient procedure, certain elements must be present to file suit. First, you must show that the practitioner deviated from the acceptable standard of care. Secondly, you must prove that the injuries you suffered were linked to the deviation, and lastly, that you sustained damages (such as further medical expenses, lost wages, and pain and suffering, etc.).
Although the statute of limitations for medical malpractice cases is three years, there are some exceptions (such as the “discovery rule” that was previously discussed, among others). If you are unsure whether your circumstances qualify for a malpractice claim, do not hesitate to speak with our Greenville surgical malpractice attorneys at your earliest opportunity.
Injured? Contact Our Greenville Medical Malpractice Attorneys
Physicians, nurses, and all healthcare professionals have a duty to maintain the highest standards when treating patients. If you or someone you love has been harmed due to a provider’s ineptitude or oversight, do not hesitate to contact Parham Smith & Archenhold LLC. We know that you put your life into a physician’s hands on the operating table. Given that level of trust, you should not experience further health problems due to a provider’s mistake. To arrange a free consultation with a Greenville medical malpractice lawyer, we can be reached online or by calling (864) 432-1796 today.