When Are Surgical Errors Considered Medical Malpractice?

Surgeons, doctors, nurses, and other medical staff are responsible for carrying out their duties in a correct and prompt manner that protects patient safety and well-being.

If a surgeon or their staff causes you injuries or fails to inform you of any potential risks that could happen during your surgery, you may have grounds for a potential medical malpractice case. However, the first step you’ll need to take is to speak with a Memphis medical malpractice attorney to make sure that the mistake or error that occurred during your surgery is actually considered malpractice.

Defining medical malpractice

Medical malpractice occurs when a medical provider injures or harms a patient during a procedure, surgery, or even a routine medical exam or visit. However, there must be some type of negligence or lack of standard of care involved. For example, if a doctor misdiagnoses a patient, prescribes the wrong medication, or fails to closely monitor them after a procedure, the patient could suffer an injury, or their medical condition could become worse due to the doctor’s negligence, leading to a medical malpractice claim.

It is important to know that a doctor is not the only medical professional that can be at fault for medical malpractice. Nurses, surgeons, anesthesiologists, X-ray technicians, phlebotomists, and any other medical staff members can also be liable for medical malpractice.

When are surgical errors considered malpractice?

Any time that a person undergoes a surgical procedure, there is a risk. For example, most people are informed about the possibility of experiencing an infection after surgery and are closely monitored or told how to take measures to prevent this from happening. After being informed of the risks, surgeons will most likely ask you to sign paperwork indicating that you were told about the potential risks that could occur during or after surgery.

However, if the surgeon made a careless or reckless mistake during the surgery and did not treat you with the standard level of care, the injury could be considered medical malpractice rather than a known risk of injury related to the procedure. The standard for medical malpractice is whether the provider offered the standard of care equal to that of other providers in similar roles – as in, other surgeons.

Common scenarios of medical malpractice cases involving surgical mistakes

Medical malpractice cases involving surgical mistakes happen more often than you might think. Here are some common scenarios of how these cases usually occur:

• The nerves, arteries, and blood vessels become pierced, cut, injured, or damaged during surgery.
• The patient underwent the wrong surgery or procedure.
• A patient’s right arm was operated on when their left arm was supposed to be operated on.
• A sponge or scalpel was left inside the patient’s body.
• The patient did not have enough anesthesia, which resulted in them waking up in the middle of the surgery.
• The patient did not receive adequate treatment or monitoring after surgery.
• The patient experienced a complication during surgery, which was ignored or left unresolved.
• The surgeon or anesthesiologist failed to thoroughly check the patient’s paperwork, health records, or medical history, which resulted in them doing the wrong surgery or giving the wrong medications.

How do I prove medical malpractice for a surgical error?

In order to successfully prove medical malpractice for a surgical error, you must gather sufficient evidence that establishes these four factors:

1. Doctor-patient relationship: You need to prove that you were a patient of the surgeon or doctor who operated on you. Being a patient of the surgeon or doctor establishes that they owed you a duty of care while you were being medically treated by them.
2. Lack of standard of care: You must also show proof that they failed to meet the appropriate standard of care. Every patient undergoing a surgery or other procedure should receive the same reasonable care that they would receive from any other doctor or surgeon with the same level of training, education, and experience. If you do not receive this reasonable treatment, you have received less than the standard of care.
3. Causation: The surgeon or doctor’s errors directly caused your injury or medical condition. This means that nothing else could have led to your injuries or condition.
4. Damages: You suffered damages because of their medical errors during the surgery. These may be medical bills, lost wages, pain and suffering, and more.

Some of the evidence that may be able to help you establish these four factors are photos and videos of your injuries or medical condition, journal entries about your hardships and sufferings, witness statements, medical records, doctor reports and notes, and diagnostic tests and images. A Memphis medical malpractice lawyer will also hire various professionals to provide expert testimony and opinions about your case. These professionals may be surgeons, doctors, nurses, or any other professionals who have experience or training and know about the surgical error you experienced. Their goal will be to explain how the error caused your injuries, condition, and hardships.

The losses you can recover in a surgical medical malpractice claim in Memphis, TN

There are many different types of losses you may be able to recover in a surgical medical malpractice claim. Your losses are any negative effects or consequences that you have experienced that have impacted your life physically, mentally, emotionally, or financially. The following are some of the losses you may be able to claim in this type of case:

• Emergency room and hospitalization costs
• Doctor’s office visit fees
• Medical device expenses
• Prescription costs
• Lost income
• Loss of earning capacity
• Physical and occupational expenses
• Counseling and psychiatry fees
• Physical and chronic pain
• Mental trauma and emotional distress
• Scarring and disfigurement
• Loss of reputation
• Diminished quality of life
• Loss of companionship
• Home and vehicle modifications
• Travel expenses
• Home service expenses
• Loss of enjoyment of activities

At Bailey & Greer, we take all medical malpractice cases very seriously. If you or a family member have been harmed by a surgeon’s mistakes or errors, our Memphis medical malpractice lawyers will help you take the necessary steps to hold them accountable and protect your rights. These types of cases are often known to be extremely difficult and complicated, but we have the experience and skills to help you overcome any obstacles or challenges that may occur. Please call our office or submit our contact form to schedule a free, no-obligation case evaluation in Memphis today.