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This article is for informational purposes only and is not intended to provide legal advice.
Nobody plans on a surgery going wrong, but what happens when it does? From surgical errors to wrong operations, there are several ways surgery can take a turn for the worst.
How often do patients experience the wrong surgery and what can you do about it if it happens to you? Here’s everything you need to know when surgery goes wrong to help you better prepare yourself the next time you need a medical procedure.
How Often Does Surgery Go Wrong?
According to Medical News Today, there are nearly 4,000 surgical errors each year in the United States alone. The study at Johns Hopkins University found that foreign objects are left inside surgical patients at least 39 times a week, while the wrong surgery or operations on the wrong body part happens nearly 20 times a week.
That may not sound like a lot, but a similar study conducted by Dr. Martin Makary estimates that over 250,000 deaths a year are related to medical errors, which accounts for roughly 10% of deaths in the U.S. every year.
The statistics provided by Dr. Makary’s study makes surgical and other medical-related errors the third most common cause of death. Yikes!
So, what should you do if your surgery goes wrong in a world where it happens on a daily basis?
What To Do If Surgery Goes Wrong
If you or your loved one goes into surgery and experiences an issue, you should contact an attorney as soon as possible. You will need the expertise of a lawyer to help you sort out what information is imperative to your case, and help you file a personal injury lawsuit in the right area and against the individuals who are responsible.
But before you take your case to court, you should understand some of the requirements and regulations related to medical malpractice.
Understand Statutes of Limitations
Before filing a lawsuit, you and your lawyer will have to determine if your case falls under the statute of limitations. Statutes of limitations are different depending on the location of the hospital or medical facility.
Some statutes are different between a city and its state, so it’s important to know if your case is still eligible for trial. In some states, like New York, you have only 90 days to file a lawsuit or you are no longer able to sue for medical malpractice, so you do not want to wait too long before taking action.
Understand Ordinary Negligence vs. Medical Malpractice
Understanding the difference between ordinary negligence and medical malpractice is important for filing the right type of lawsuit.
Medical malpractice can only occur when a person with special scientific or medical knowledge and skill does not perform or wrongfully performs medical care. Any malpractice case will require expert medical witnesses to prove wrongdoing.
Ordinary negligence, though it may have the same result as a medical malpractice case, can easily be assessed by both judge and jury members as any negligence was not performed by a trained medical practitioner or provider.
If you are not sure if you have experienced medical malpractice or ordinary negligence during surgery, take the time to talk to a lawyer who can help you determine which one your experience falls under.
Keep All of Your Medical Records
If you believe something went wrong during your surgery, you should always keep documentation of any medical bills received and procedures that you underwent. Keeping a paper trail of the surgeries, medications, etc., will help your lawyer identify any patterns of neglect or inconsistencies in the provider’s protocol.
Your medical records will provide enough information about the individuals responsible, as well as the date and time of your procedures to help identify a timeline which is helpful if the statute of limitations is short.
What Makes a Medical Malpractice Case?
We have covered what medical malpractice is, but how do you know if you can prove your case? If you choose to sue for medical malpractice you must provide proof that a medical provider deviated from normal healthcare or surgical protocols, and as a result of that deviation, an injury or death occurred.
If you are not sure how to gather evidence, your medical malpractice attorney can help you gather evidence and expert witnesses to strengthen your case.
Your Health Matters Most
At the end of the day, your health matters most. If you believe something went wrong during a medical procedure, you should always speak up and find out more about what happened on the surgical table.
You should be able to trust in your medical provider and the quality of care you receive, so don’t hesitate to ask questions before and after your surgery. If you are uncomfortable, in abnormal pain, or experiencing symptoms, get a second opinion and seek the counsel of a medical malpractice lawyer.
When it comes to your health after surgery, it’s always better to be safe than sorry.
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This content is brought to you by Jana Gray.
Photo: Shutterstock