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How To Pursue Medical Malpractice Claims for Surgical Error

Medical malpractice claims are often filed for errors during a surgical procedure. Whether it is a minor or major surgery, a physician has a moral and legal obligation to fulfill his or her duties with utmost precision and care. Failure to do so results in negligence and in the eyes of the law, it is a serious offense.

However, not all surgical errors can be classified as medical malpractice. If you or a loved one is suffering due to the negligence of medical professionals, it is time to talk to a lawyer who specializes in this field.

But, before you ascertain medical malpractice, there are some things that you should be aware of. First and foremost, what exactly is medical malpractice? A surgical error in itself does not qualify as medical malpractice. It is considered an act of negligence when the level of care delivered to a patient is not at par with standards followed all over the country.

Therefore, the plaintiff needs to prove that a surgical error was caused due to violation of stipulated standards of care. In most cases, patients are unaware of their rights and fail to file a claim on time. Medical malpractice attorneys in Miami, FL can be of immense help. They not only help to prove malpractice but, also help the victim to obtain fair compensation for economic and non-economic damages.

Reasons for Surgical Errors

Surgeries are complex medical procedures and can pose unique challenges based on the patient’s medical history and current condition. As a result, every case is different. But, certain reasons may lead to surgical errors. Let’s take a look at some of them.

Incompetent Medical Practitioners: To perform surgery, medical professionals need certain skills and expertise. An error may occur when the medical practitioner is not competent enough to conduct surgery. It can be due to a lack of experience or adequate knowledge. Both can be dangerous for the patient and accounts for gross negligence.

Influence of Alcohol or Drugs: If a physician is under the influence of alcohol or drugs during surgery, it may result in fatal errors.

Lack of Preoperative Planning: Planning is essential before any surgery. To avoid complications, certain preoperative procedures are conducted. However, in the absence of adequate preparation, surgeries can go wrong. If the patient’s condition is not taken into consideration before the surgery, it might affect the health of a patient permanently.

Fatigue and Negligence: Due to long shifts, doctors do not often get adequate rest before surgery. This can result in fatigue which may lead to careless and irresponsible behavior at the operation theatre. Besides, the failure to properly sterilize surgical equipment or use of defective medical devices can qualify as medical malpractice.

Consult an Experienced Medical Malpractice Attorney

Surgical errors can cause lifelong damage to a patient. Experienced medical malpractice attorneys in Miami, FL can help to decide whether your case merits for a medical malpractice claim. Their expertise will help you to get adequate compensation and bring punitive charges against the culprit.

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