More medical malpractice claims arise from surgical procedures than from any other medical field. While any number of things can go wrong during complex medical procedures, there are some common allegations in malpractice cases involving surgery.
If you believe you were the victim of medical malpractice, an attorney from Pintas & Mullins can help. We can determine if your surgeon committed malpractice and help you pursue legal action. Call 1-855-MED-ASKS for a free consultation about your case.
Why Do People File Medical Malpractice Claims After Surgery?
While malpractice can occur in a great variety of ways, there are some common allegations patients make after a surgical procedure.
Failure to Protect Against Infection
Even the smallest amount of bacteria or virus can cause a lethal infection. Bacteria or viruses can enter the patient if the surgeon or assistants use tools or other items, such as grafts or stents, that are not sterile. Failure of a member of the surgical team to follow hospital protocol for scrubbing and gowning up, or of the staff to make the surgical suite sterile, can also lead to infection.
Blood Transfusion Mistakes
A patient might file a claim for malpractice if they received contaminated blood, the wrong type of blood, or if the health care provider administered a blood transfusion in a non-life-threatening situation against a patient’s wishes.
Improper Intravenous (IV) Insertion
Medical staff can insert IV or other tubes improperly, causing bleeding, pain, and temporary or permanent damage to the surrounding tissue.
Improper biopsies can lead to a malpractice claim. If the surgeon takes an insufficient tissue sample and fails to diagnose a serious condition, it could constitute malpractice.
Lack of Consent
If a surgeon performed a procedure without your informed consent, it could be medical malpractice. This can occur if a health care provider fails to fully explain a procedure to a patient before securing a signature on a consent form. If your surgeon failed to warn you of possible side effects, this could also be malpractice. However, if an emergency developed during surgery that necessitated a change of plans, this may not constitute malpractice.
Sometimes a surgeon performs a procedure poorly. They might have lacked the experience or the professional skills to successfully complete the surgery. If the surgeon in your case failed to uphold the medical standard of care during your surgery, they could be liable for your resulting damages.
Some common effects of a botched operation include:
- Internal bleeding;
- Cardiac arrest; or
- Damage to nerves, muscles, other organs, or blood vessels near the surgical area.
How Can I Get Help With My Malpractice Case?
At Pintas & Mullins, we dedicate ourselves to helping people who have suffered life-changing harm or injuries from medical malpractice.