Are Surgical Errors Medical Malpractice?

We like to think that our medical professionals are perfect, never making errors and saving every life they encounter. Unfortunately, doctors and nurses are human, which means they make errors sometimes. That said, sometimes an error will rise to the level of medical negligence or malpractice, simply because a similarly situated medical professional would not have erred in the same way. If you have been injured after surgery, and you suspect negligence was involved, calling an attorney may be a good idea.

Common But Serious

Surgical errors happen regularly in most medical facilities, but their varying degrees of seriousness means that not all of them will rise to the level of medical malpractice simply because the harm done to the patient may be negligible. There is no benchmark level of harm above which a case will be prosecuted, but attorneys tend to use their own discretion in terms of determining whether or not a jury will react the right way to a malpractice case.

Most surgical errors are considered errors of omission – for example, failing to provide the correct type of blood for a transfusion – but some mistakes will be more active, such as negligently cutting a nerve and causing damage or paralysis. If you have been harmed by an action that a medical professional of similar age, skill, and experience would not have performed, you do have the right to seek damages for the harm you have suffered – it just may not be easy to prevail.

Foreseeable Or Not?

Some of the most common types of surgical error are so potentially egregious that the average person would have no doubt that harm has been done – for example, operating on the wrong organ or wrong side of the body, or administering too much or too little anesthetic. If this describes your situation, your next step should be enlisting an attorney to guide you through the pre-trial and trial phases of a lawsuit.

If it does not, however – that is, if your injuries are more subtle and difficult to define –  you may find it more difficult to prevail in court, but it is far from impossible. One of the requirements to show that medical malpractice has occurred is to show that actual injury has happened to you – there is injury for which a claim can be made. The right expert witness and the right attorney can help you show just what you have been through to the court.

Call An Orlando Medical Malpractice Attorney

It can be difficult to navigate through the legal process during a medical malpractice lawsuit, particularly in Florida, as the state’s laws protecting the medical lobby are strong. An Orlando medical malpractice attorney from the Hornsby Law Group can help you get the compensation you deserve. Call our office today at (407) 499-8887 to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2021/0766.101