Botched surgery is an unfortunate reality for many medical malpractice victims.
Patients place trust and confidence in doctors and surgeons every single day – especially just before they undergo anesthesia and a major surgical procedure. And, although no doctor can guarantee a 100 percent success rate for any surgery, patients play the odds when making health care choices – they bet that the doctor is an experienced and professional surgeon who will do everything within his power to avoid surgery mistakes and make sure the surgery is a success.
When a surgeon makes a flagrant error that costs a patient his quality of life, there must be consequences. An experienced medical malpractice attorney can help you get the compensation you deserve.
Surgery mistakes have very real consequences.
Due to the risks inherent in surgery and situations where anesthesia is used, surgery mistakes can often be serious and deadly. One study suggests that patient safety, and surgical errors, surgery mistakes, and cases or surgery malpractice, among other types of medical malpractice errors resulted in over 238,000 preventable deaths over a four year period and cost the U.S. government (through programs such as Medicare) close to $8.8 billion.
In fact, the problem has become so prevalent in recent years that the Centers for Medicare and Medicaid recently stopped reimbursing hospitals for medical mistakes and medical errors for the subsequent health care treatment required to treat patients as a result of medical malpractice stemming from eight major preventable surgical mistakes – including doctors and nurses leaving foreign objects in a person’s body after surgery and certain kinds of acquired post-surgical infections.
A surgery error is generally classified as those made in preparation for, during, or after surgery, including:
- Failure to properly diagnose a condition, which leads to surgery on a healthy organ or body part
- Pre-operation errors relating to anesthesia, medication, or medical records that results in death, brain damage, or other serious injury
- Wrong site operations, including amputation or removal of healthy tissue, limbs or organs
- Unsanitary surgical instruments and the resulting infections including sepsis
- Puncture or other damage to organs (sometimes healthy) during surgery
- Post-surgery mistakes, such as leaving surgical instruments inside the body, failure to monitor and asses a patient’s condition, and/or failure to clean and close the surgery site properly
Types of surgeries.
Errors can and do occur in every type of surgical situation and procedure from exploratory surgery to heart surgery. However, there are common high-risk surgeries include:
- Gastric Bypass or Lap-Band Surgery
- Lasik Surgery
- Spine Surgery
- Cardiac Surgery
And in all types of surgery, there is always risk for injury from anesthesia mistakes and blood/fluid transfusion reactions.
Free attorney consultations.
Please call the Rasansky | McKenzie Law for a FREE CONSULTATION and tell us the details your case. We are experienced surgery malpractice lawyers and medical professionals who can handle your case.
Five life saving tips.
Before you or a loved one agrees to undergo a major surgical procedure, remember these tips in an effort to prevent to surgical mistakes.
- Talk with your surgeon and make sure you are comfortable with his qualifications, and training, compared to other surgeons interviewed.
- Before anesthesia, speak with your doctor and remind him of your name, case type and discuss the type of procedure you are about to undergo;
- If you are having surgery on a certain extremity, initial that particular site with you physician;
- Bring a patient advocate with you who can speak for you in your absence.
If a member of your family (or yourself) has suffered because of surgical errors then contact the Rasansky | McKenzie Law. You may be entitled to compensation for medical expenses, pain and suffering, and/or wrongful death.
Frequently Asked Questions
What is considered medical malpractice?
Medical malpractice is defined as professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes the victim injury, trauma, or wrongful death. This can include ignoring procedures, not acting in a timely manner, etc.
It’s important to remember though, that a bad outcome to a medical procedure is not automatically “medical malpractice.” The treatment provided must fall below the accepted standard of practice in the medical community in order to constitute a medical malpractice claim. I hear a lot of people complain about medical malpractice lawsuits simply because they do not understand this concept. People often say “why sue the doctor who was only trying to help you?” If the doctor’s treatment did not fall below the accepted industry standard, he or she did not commit medical malpractice in the eyes of the law.
Here are a few instances that may be considered medical malpractice:
- Not monitoring a patient’s vital signs in a proactive way, leading to the death of the patient.
- Leaving foreign objects inside a patient’s body, causing the victim discomfort and long-term health problems.
- Not treating a health condition in a timely manner.
- Failure to diagnose, or misdiagnosis of an illness, disease, or any other medical condition.
- Birth injuries (such as cerebral palsy) caused by leaving the baby in the birth canal for too long during delivery.
- Performing wrong site surgery (when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether).
See more on “what is medical malpractice?”
How much is my medical malpractice case worth?
While no one can compensate you for the loss of your health or a permanent injury, the justice system is set up so that you can recover monetary compensation after a medical mistake depending on what you lost due to the medical mistake and what the error cost you.
Medical malpractice cases take into consideration a number of factors when it comes to determining the value of your case. Your payout largely depends on the losses you suffered as a result of the medical error.
Your losses (damages) could include:
- The cost of your current and future medical needs.
- Whether you lost wages or the ability to work.
- The severity of your injuries.
- Whether pain and suffering were involved.
- Other influences of the injury on your life.
- Any pre-existing medical conditions.
- The degree of negligence of the doctor.
It is also important to remember that there are medical malpractice caps in Texas that may limit your reward. Since 2003, medical malpractice injury victims have been limited to collecting $250,000 in non-economic damages, such as pain and suffering and mental anguish. There are no caps on economic damages, including medical bills and lost wages.
Do you have a potential Dallas medical malpractice lawsuit that you would like to discuss with a Texas attorney? Call the Rasansky | McKenzie Law today to schedule a meeting with an experienced lawyer and learn more about your legal options.
Can I sue for medical malpractice in Texas after a medication error?
When most people think about hospital errors and medical malpractice lawsuits, they think about mistakes in the operating room or surgical errors. However, medication errors are one of the most common types of medical malpractice; especially in newborn children. Medication errors take place on a daily basis in Texas, and many of these mistakes can have dire consequences including permanent health issues, pain and suffering, and even wrongful death.
It’s important to understand that while the correct dosage taken for the correct reasons can have health benefits and even save lives, a wrong dose or the wrong medication can cause serious medical problems. You may be able to recover compensation from the hospital following such an error, but it’s important to discuss the facts of your case with an attorney before you make any decisions.
If you or a loved one has been harmed because of a medication error caused by a hospital, a doctor, a nurse, pharmacy, or another medical professional, you should speak with a Dallas medical malpractice attorney about the particulars of your case. Contact Rasansky | McKenzie Law today at (214) 651-6100 for a free consultation.
If my surgery doesn't go as planned, is it medical malpractice?
It is very important to understand that some surgical errors and medical mistakes are caused by negligence and carelessness, while others are simply unpreventable complications. If you or a loved one suffered from serious surgical complications, it is vital for you to determine why the complications took place and whether or not a doctor, nurse, or hospital was to blame for the issue.
Medical procedures, medical malpractice law, and medical errors can be difficult to understand – speaking to a Dallas Texas medical malpractice lawyer about the details of your case can help you determine whether or not you should pursue damages.
When it comes to medical malpractice, what does standard of care mean?
When questioning whether or not a doctor committed medical malpractice, attorneys and medical experts must first determine if the practitioner met the accepted standard of care. But what is the standard of care? Very simply, the accepted standard of care is based on how a doctor in the same field with the same qualifications would have acted in the same situation. For example, if a patient believes that his doctor was negligent in ordering the proper tests after a heart attack, whether or not that doctor is guilty of medical malpractice depends upon which tests other heart doctors would have ordered and what the outcome would have been. To learn more about the accepted standard of care in your own case, contact a Dallas medical malpractice attorney today.
Is misdiagnosis considered medical malpractice?
If a Texas doctor has misdiagnosed a disease, illness or condition – and that misdiagnosis harmed your health – you may very well have a TX medical malpractice case. A misdiagnosis can lead to the wrong treatment for your ailment as well as a delay of the right treatment – two medical mistakes that can prove to be extremely harmful and even deadly. In some cases, a misdiagnosis may take place because of doctor negligence, misread medical tests, mixed up medical tests, or the failure to order the correct medical tests. Common misdiagnoses include cancer misdiagnosis, clogged artery misdiagnosis, heart attack misdiagnosis, heart disease misdiagnosis, tumor misdiagnosis, and infection misdiagnosis.
Speak With a Dallas Medical Malpractice Attorney For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
