If you recently underwent surgery, and you are unhappy with the results or the surgeon performed an error, you may be able to file a medical malpractice lawsuit against them. Here are three common issues to look into that could help you bolster your case.
#1 The Diagnosis and Procedure were Unwarranted
Your initial doctor could have diagnosed your problem incorrectly and sent you in for a procedure that you didn't need or that didn't correctly treat your symptoms. In this case, you would want to file a medical malpractice suit against the doctor that sent you in for the procedure as well as the doctor that did the procedure without giving a second opinion.
You could also file a lawsuit for this issue if there was any miscommunication between the doctor who prescribed the surgery and the surgeon who actually performed it. For instance, a similar-sounding procedure could have been written down and passed on to the surgeon. Whom you sue for this type of wrong procedure depends upon where the communication went wrong. Finally, this issue could happen because the surgeon gets all the right information, but for some reason, does a different surgery. In that case, it would be best to focus your medical malpractice lawsuit on the surgeon and not the diagnostician.
#2 There was a Foreign Object
Another common surgical error is leaving a foreign object inside of a patient. Oftentimes the foreign object left inside of someone consists of surgical gauze, a surgical sponge, or a towel. However, sometimes small surgical instruments are left behind in patients as well. This is more common than you would think: these types of events are estimated to happen around twelve times every day in the United States.
A foreign body left behind inside of you, even something as simple as a sponge, can cause serious side effects that can have short and long-term consequences on your health. Some patients have actually died of complications!
With a foreign-body medical malpractice suit, you would be able to pursue it against any of the doctors or nurses that participated in your surgery. However, a personal injury lawyer could help you pursue a larger lawsuit against the hospital if your damages are severe.
#3 Wrong-Site Surgery was Performed
Finally, another common surgical error is when the operation is the correct operation, but it is performed on the wrong side or location on your body. This is often referred to as a "wrong-site" error. This is an error that should never occur and can be prevented with effective communication. The Joint Commission Center for Transforming Healthcare in 2011 estimated that wrong-site surgeries happen at a rate of about forty times per week. This can have a range of consequences which can have really serious for your health.
If you recently underwent surgery and the wrong procedure was performed, a foreign body was left inside of you, or the surgery was performed on the wrong location, you need to speak with a personal injury and medical malpractice attorney to discuss your legal options.