If you or a loved one experienced a surgery gone wrong, take a look at what you should do next and then contact Hyland & Padilla’s legal team right away.
What Should I Do If My Surgery Went Wrong?
If your surgery had an unexpected bad outcome beyond what the doctor and your medical team reasonably prepared you for, you could have a medical malpractice lawsuit.
Depending on the type of harm the surgery did, you should also seek medical treatment from another provider as soon as possible. In some cases, you may need to show how the injury from the malpractice hindered your ability to earn wages or that you will never fully recover from the harm caused.
To prove a medical malpractice suit, you and your legal team must prove:
- A doctor-patient relationship existed;
- The doctor failed to follow the appropriate medical standard of care under the circumstances
- How the surgery harmed the patient or how the doctor was negligent.
- The injury led to specific damages, such as lost wages or pain and suffering.
What Are Common Things That Go Wrong During Surgery?
If your surgeon could not entirely cure you through surgery, that doesn’t mean it went wrong. For example, if the doctor warns you ahead of time there’s a risk of bleeding out, or they may not be able to remove all of a tumor, this does not qualify.
A surgery gone wrong requires something unexpected or a significant error to be made to qualify as malpractice.
For example, if a surgeon leaves an object inside of you during surgery, you have one year from the day you discovered the object to file a claim if it is within ten years of the date when the mistake took place.
Other common types of medical malpractice in regards to surgery include:
- Your doctor operated on the wrong body part;
- You were misdiagnosed and received an unnecessary surgery as a result;
- An anesthesiologist administered the incorrect dosage causing you to wake up during surgery;
- The surgeon or medical team made a mistake that led to post-surgical infections.
Do I Need A Lawyer To File A Medical Malpractice Suit?
If you think you’re a victim of medical malpractice, your best chance at receiving compensation for your lost wages, pain, and suffering, and extra medical bills is contacting the Hyland & Padilla law offices.
To prove your case, you’ll need to enlist at least one expert medical witness through an affidavit to state your doctor failed to provide the proper standard of care. A lawyer can help make this easier.
Contacting a lawyer as soon as possible is essential, as many states have a statute of limitations, ranging from six months to two years, regarding medical malpractice lawsuits.
We offer free consultations to our clients to help evaluate your case and help you understand your chances of winning in court.