In general, people put a great deal of trust into doctors and physicians, and they depend on them to provide quality care in their times of need. This is certainly the case when surgery is involved. During surgery, a patient is particularly vulnerable. As they lie unconscious on the surgical table, their lives are truly in the hands of their doctors. That is why doctors are committed to provide care of an acceptable standard. Failure to provide that level of care is considered medical malpractice, which has serious consequences for the patient. Patients who have been through a surgery involving surgical errors may be due compensation for the financial and emotional damages that are experienced as a result. Attorney Sean M. Burke has significant experience representing medical malpractice cases involving surgical errors and can help our Orange County, CA clients determine if they have strong grounds for their own lawsuit.
Defining Medical Malpractice
It is important for people to have a clear understanding of what constitutes medical malpractice. The fact that a surgical error took place alone is not enough to qualify the filing of a medical malpractice lawsuit. Instead, there are two important factors that must be evident in order for a patient to claim medical malpractice. First, the surgeons or other medical professionals must be shown to have provided care that was substandard, or that is, care that falls below that which would have been provided by a similarly trained doctor under the same circumstances. Second, it has to be shown that the patient suffered as a result of that substandard care.
Types of Surgical Errors
While patients across America rely on surgeons every day to get them safely through medical procedures, the instances of surgical error are higher than most people realize. Surgery is often complicated and there is a lot of room for error. Below are just some types of surgical errors that can take place:
- Medication errors
- Anesthesia errors (administration of too much or too little)
- Nerve damage
- Incorrect incision placement
- Leaving surgical equipment behind in the patient
- Operating on the wrong body part
- Performing the wrong surgery on the wrong patient
Although some of these errors seem highly unlikely, they do occur. The reasons that surgical errors occur also vary, and can be linked to lack of sleep, inadequate surgical preparation, poor communication, incompetence, or neglect.
Filing a Medical Malpractice Case
Medical malpractice cases involve a lot of technicalities, and doctors are likely to have a team of trained lawyers on their side. This is why it is important for patients to have an experienced attorney representing their case. Attorney Sean M. Burke has worked on numerous medical malpractice cases with positive rulings and settlements for clients. His experience and expertise can assist anyone who is looking to file a medical malpractice lawsuit.
If you have suffered physical or emotional damages as the result of medical errors made during surgery, you may have the grounds for a medical malpractice lawsuit. If you’d like to discuss the details of your case with an experienced malpractice attorney, contact us at the law offices of Sean M. Burke at your earliest convenience.