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Surgical Errors And Medical Malpractice

Posted by Bautista Leroy | Apr 08, 2019 | 0 Comments

surgical errors and medical malpractice

Bautista LeRoy Law Firm provides legal assistance in cases involving surgical error or medical negligence. Since 1990, our attorneys have served the Kansas City Metro Area with legal expertise. We specialize in personal injury cases related to truck, motorcycle, car and train accidents as well as nursing home negligence - and take great satisfaction in maintaining an outstanding reputation among clients.

This article presents some of the more common surgical errors, whether they qualify as medical malpractice as well as any compensation claims victims may seek.

 

What are the most commonly occurring surgical errors?

Surgery can be an intricate and challenging procedure. Like any profession, surgeons are susceptible to making errors during this procedure. Some common mistakes include:

  • Wrong-site surgery
  • Anesthesia errors
  • Infection
  • Surgical instruments left inside the body
  • Nerve damage
  • Failure to monitor

 

Does a surgical error constitute medical negligence?

Medical negligence does not automatically constitute medical error. To qualify as such one must fulfill certain criteria. Healthcare providers who breach their duty of care could face liability claims from patients for injuries they sustained as a result.

  • Deviations From Standard Care: When surgeons or medical staff perform procedures on the wrong part of the body, that would constitute a deviation.
  • Injury or Harm: For their claim to be valid, patients must experience injuries as the direct result of an error, otherwise no claim would exist.
  • Causality: Error must directly lead to injury. For instance, surgery conducted on the wrong site can lead to health issues or complications.

 

What damages may I claim in a surgical error malpractice claim?

A successful medical malpractice claim can result in compensation including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent disability
  • Loss of consortium

 

Why would hiring a personal injury attorney be beneficial?

  • Medical negligence cases can be complex and may require the expert guidance of personal injury attorneys.
  • Attorneys can access medical records, expert witnesses, and other resources that enable them to conduct in-depth investigations.
  • Insurance carriers and doctors might deny claims. A personal injury attorney can negotiate and ensure maximum compensation is awarded.

 

When is it best to hire an attorney?

If a surgical error has caused you severe injuries, seek legal advice immediately as the statute of limitations for medical malpractice claims differs depending on state. Your right to file a claim could be at risk if you wait too long, which is why hiring a personal injury attorney as soon as possible is vital - sooner they can gather evidence, consult experts and build your case.

 

Which criteria must be considered when finding an effective attorney?

  • Experience: For successful medical negligence claims, hire a personal injury attorney with proven expertise.
  • Reputation: Before selecting an attorney, be sure to conduct your due diligence by reading reviews and case results while seeking referrals.
  • Communication: Your attorney should be clear, keeping you updated on how things stand with your case.

 

Why Choose Bautista LeRoy LLC?

Bautista LeRoy Law Firm prides itself on offering outstanding personal injury representation. Our legal team has extensive experience handling medical negligence cases and helping clients to secure positive results.

We offer compassionate, professional and personalized legal representation for those injured due to medical negligence.

 

Suggested Action Steps

  • Hiring an experienced personal injury attorney when seeking compensation due to medical negligence.
  • Gather all your medical records - this will help in creating an effective case.
  • Document any emotional, financial and physical complications related to surgical mistakes.
  • To prove negligence during surgery, consult a medical expert for help establishing the standard of care.

Don't suffer the consequences of surgical errors alone - ensure you understand your rights and seek legal guidance from a personal injury attorney so you can secure compensation. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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Bautista LeRoy is committed to answering your questions about Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights law issues in Missouri. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

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