Reasons to Sue for Surgical Malpractice

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Reasons to Sue for Surgical Malpractice

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medical negligence

Surgical errors can put both the patient and doctor at risk. Sometimes doctors are exhausted from working many hours when performing a surgery hence the surgery goes wrong. Whether the intent was malicious or not, the issue is whether the surgical injury could have been avoided if proper care was done.

A medical malpractice lawsuit is a complex process.It is important to know that you can only sue a doctor, not the hospital. The following are the reasons to sue for surgical malpractice:

surgical malpracticeInfection after a Surgery

This is a common error that usually occurs after surgery. It is caused by the use of unsanitary surgical instruments. The infection can lead to cross-contamination of disease. The infection and sepsis can be deadly if the patient is already suffering from a compromised immune system. Most infections are noted within the first 30 Fay’s after surgery. Surgical infections may appear red, have pus, and be painful.

Surgical Instruments Left Inside the Body

Surgical instruments left inside the body are a common thing. This is usually regarded as a doctor’s failure to exercise care during the surgery.

Some of the surgical instruments left inside are sponges, gauze, etc. It is, therefore, necessary to count all the surgical instruments before and after the surgery. Infections and other serious complications can be due to surgical instruments left inside the body.

Wrong Site Surgery

A wrong-site surgery occurs when a patient’s surgery is performed on the wrong body part. Ophthalmology is one of the branches of surgery that is liable when a wrong-site surgery occurs. Several occurrences can lead to wrong-site surgery. They include; surgery done on the incorrect side, this is likely to occur with paired organs such as kidneys and ovaries.

Another scenario when a surgery is performed on the correct side but incorrect location. The last occurrence is when surgery is done on the correct side and correct anatomical sure but the incorrect operation, for example, resection of a muscle instead of a recession.

surgical malpractices

Unnecessary Surgery

Sometimes doctors can perform unnecessary surgery and may have lasting negative consequences. According to studies, an estimated 7.5M unnecessary surgical procedures are performed annually. When the doctor’s actions amounted to medical negligence, a malpractice lawsuit can be taken.

A surgery that lacks the informed consent from the patient can also result in a lawsuit. Another cause of unnecessary surgery is a procedure stemming from a misdiagnosis. If the doctor is automatically liable for unnecessary surgery then there is a possibility for a medical malpractice case.


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