Should I File a Surgical Error Lawsuit?

A surgical error lawsuit is specifically designed to recover damages for injuries that occurred during or resulting from a surgical procedure. Every year more than 4,000 Americans who undergo surgery are injured from a surgical error. These are shocking mistakes called “never events” because of their preventable nature.

Common surgical errors

• Failure to give adequate information or obtain informed consent from the patient
• Performing an unnecessary or wrong surgical procedure
• Wrong-site surgery
• Tools such as gauze left inside the patient’s body

When a surgical error occurs because the surgeon or the supporting medical team were negligent in pre-surgery, during surgery or post surgery and significant injuries result; the victim may be able to recover damages through a surgical error lawsuit handled by a medical malpractice lawyer.

How is a surgical error lawsuit proven?

The first thing to understand is that in order to sue for medical malpractice there must be harm or injury that was directly caused by the surgical error. Even when the patient has been injured as a result of the surgeon’s negligence, the injured patient is obligated to take reasonable steps to minimize the effects and losses related to his or her injuries. This rule is called “mitigation of damages.”  If the plaintiff fails to follow this rule, the courts would be within their rights to deny damages that the plaintiff could have avoided.

When pursuing a surgical error lawsuit, medical malpractice attorneys interview medical experts and gather supporting documents to prove that the surgeon’s conduct fell below the standard of care. A surgical error resulting in injury or harm to the patient may only be classified medical malpractice or medical negligence if the surgeon or surgery team’s performance fell below the accepted standard of care that a reasonable surgeon would have exercised under similar circumstances. This can be very hard to do; your attorney must prove that no other reasonable doctor would have done or failed to do what your doctor did in a similar situation.

Should I file a surgical error lawsuit for my injuries?

Oftentimes patients who undergo a failed surgery or a procedure with less than ideal results are interested in a surgical error lawsuit. The patient wants to recoup damages for the pain, inconvenience and expenses they incurred as a result of the unsatisfactory surgery. Unfortunately these scenarios typically do not qualify as medical malpractice or for a surgical error lawsuit. Contact an experienced medical malpractice lawyer who will review your complaint and determine whether you have a case. If you are wondering about whether you have a case, it is best to contact a lawyer right away as there is a statute of limitation on a personal injury claim (typically three years in Washington State).

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.