Surgical Malpractice

Patients who enter a hospital when ill or in pain put their hope and trust into the aid of well-educated, highly trained professionals. However, there are often times when a doctor may fail to administer the best care for a patient and surgical malpractice takes place.  Any surgical procedure is considered a serious matter in the eyes of the law. 


What is Surgical Malpractice?


Surgical malpractice occurs when a surgeon or another person involved with a surgical procedure is neglectful towards a patient. Essentially, surgical malpractice happens when the actions of the doctor or other party involved with the surgery directly caused harm upon a patient. 

Surgical errors may include:

  • Wrong-site surgery
  • Incorrect incisions
  • Leaving equipment inside a patient
  • Operating on the wrong patient
  • Nerve damage
  • Anesthesiology errors


Why Does Surgical Malpractice Occur?


Surgical errors may occur due to these common reasons:

  • Incompetence – It may be an instance where your surgeon lacks the skill to perform the surgery successfully. Your surgeon may have undergone the proper training for the surgery but has not performed the surgery enough times. 
  • Proper Planning – It is critical that a surgeon be well-prepared for surgery. This entails reviewing and preparing any complications that are likely to occur.
  • Improper Steps – Surgeons may take it upon themselves to take shortcuts when performing certain surgeries. 
  • Poor Communication – Failure to communicate properly can result in many critical errors such as miscommunication the proper dosage of medicine the patient may need.
  • Fatigue – Surgeons work long shifts which results in fatigue. Tired people are more likely to make mistakes when compared to those who are well-rested. 
  • Neglect – Sometimes surgeons are simply not as careful as they should be. This could include failing to ensure their instruments are properly sterilized


Surgical Malpractice Claim  Requirements


To prove that surgical malpractice occurred you must be able to show:

  1. Doctor-patient relationship: You must prove that you hired a medical professional to provide treatment.
  2. The doctor was negligent: You must be able to show that the doctor caused harm.
  3. The injury resulted in specific damages.
  4. Failure to diagnose, improper treatment or failure to warn the patient of known risks.


Mid-South Malpractice Law


As the victim or loved one of surgical malpractice, you have the right to pursue compensation for injuries. The Cochran Firm of the Mid-South has the resources to access and hire top medical experts in any field of medicine to help prove your case. Call 1-800-THE-FIRM today and let our experienced medical malpractice team review your case at no cost.