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Surgical Errors

In situations where a provider fails to follow best practices or does not obtain consent prior to a procedure, they may have engaged in medical malpractice.
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In situations where a provider fails to follow best practices or does not obtain consent prior to a procedure, they may have engaged in medical malpractice.

Surgeries carry risks. Even if a surgeon performs every facet of a procedure as expected, something can go wrong. Providers typically must warn patients of those risks. Yet, there are times when they fail to warn or the surgeon does not perform the surgical procedure according to the expected best practices.

With the guidance of an Atlanta surgical errors lawyer from The Dixon Firm, it is possible to uncover if this occurred in your case. If it did, you may be owed compensation for your losses.

 

What Are Surgical Errors?

Surgical errors happen for many preventable reasons. Most medical providers take patient safety seriously and do not intentionally cause harm to their patients. Nevertheless, the following common causes of surgical error are examples of negligence that were avoidable.

  • Miscommunication: One of the key factors that contributes to surgical errors is miscommunication within the medical team. Patient chart mistakes, misunderstandings during procedures, and hand-offs that lack clarity are some examples.

  • Fatigue: For many patients, a tired surgeon is the reason the incident took place. Long hours lead to impaired judgment, slow reaction time, and a higher risk of avoidable oversights.

  • Inadequate planning for risks: Doctors are tasked with considering all possible outcomes and planning to avoid negative consequences as a result. Systemic problems, such as understaffing, outdated equipment, and inadequate training, are examples.

  • Incompetence: There are times when medical staff cause surgical errors because they lack the necessary skills to ensure patient safety.

  • Intoxication: The use of alcohol or drugs may contribute to poor decision-making during procedures.

No matter the cause of a surgical error, understanding your rights after such an incident is critical. If you suspect one of these potential factors played a role in your injury, seek the help of an Atlanta surgical errors lawyer from our firm.

Examples of Common Surgical Errors

When you head into a medical procedure, you expect every party involved to be on their “A Game.” When they are not, the risk of an error is high, and the outcome could be terrifying. The following are some of the most common types of surgical errors that you may not realize could occur to you.

  • Improper medication: Improper administration of medication is a common form of surgical error. The wrong medication may be used, such as one the patient is allergic to, or an improper dose may be given, creating unsafe complications to health and well-being.

  • Wrong-site surgeries: Mistakes in addressing the location of the surgery are also common. If the surgeon operates on the wrong body part or the wrong side of the body, that could be considered medical malpractice. The damage is often irreparable.

  • Wrong procedures: A surgeon may perform the wrong procedure on a patient or administer the wrong treatment to the wrong party. Often, due to communication issues, these surgical errors create complications for those involved.

  • Inadequate use or other failure of equipment: Poorly maintained equipment, along with a lack of training of staff, can contribute to surgical errors.

  • Lack of hygiene and disinfection: The risk of infection is significantly higher when providers and medical teams fail to maintain proper sanitation or adhere to disinfection protocols.

  • Improper anesthesia dosing: Anesthesia dosing mistakes can cause numerous complications, including leading to a patient waking up during a procedure or, in the case of too much medication, the patient suffering brain damage.

  • Foreign objects left in the body: Providers must take aggressive steps to minimize the risk of leaving any tools or materials in the open wound.

Other types of surgical errors our legal team sees include damage to nerves, hemorrhaging, or excessive bleeding, poor communication, preparation mistakes, or perforation errors. If you suffered these or any other injuries, seek guidance from our Atlanta surgical errors lawyer for immediate guidance.

The Most Common Surgical Errors in Atlanta

With hospitals such as Grady, Piedmont Hospital, and Emory St. Joseph’s Hospital providing surgical procedures daily, there is a risk of complications. Some of the most common surgical errors in Atlanta include:

  • Wrong site errors

  • Anesthesia errors

  • Delayed surgery-related errors

  • Perforation or injury to nearby organs

  • Infections

  • Nerve damage

Victims may learn of these or other complications after their surgery. Yet that is not always the case. There are many instances in which a victim may not know what occurred until they conduct an investigation.

How Do You Prove a Surgical Error Happened?

Proving a surgical error occurred requires ensuring the following:

  • Duty: The provider owes you a duty of care, which is easily established because you are in an operating room with the provider.

  • Deviation from duty of care: The medical professional deviated in their care from what is considered standard and expected care in some way. They did not act as a reasonable and competent person would have in similar circumstances.

  • Causation: The deviation from the expected level and type of care caused the incident to occur.

  • Damages: The victim suffered damages as a result of the mistake, such as financial costs associated with future treatment, lost earnings, and pain and suffering.

It is critical to demonstrate all four of these areas. Your surgical errors attorney in Atlanta has the resources to gather evidence to support each component of your claim.

What Damages Can You Sue for After a Surgical Error?

Victims can seek legal compensation for any losses they have incurred as a result of the mistakes of a medical provider. Examples include:

  • Medical expenses related to the incident and future medical needs

  • Lost wages

  • Future medical expenses

  • Pain and suffering

  • Loss of quality of life

  • Emotional distress and anxiety

  • Costs related to follow-up or revision surgery

The burden of proof is on you, the victim. You must demonstrate what the losses are, why they occurred, and that this person you named is responsible.

How The Dixon Firm Can Help with Your Surgical Error Case

The Dixon Firm brings experience to your fight. Our award-winning attorneys have a history of winning cases and recovering millions of dollars in losses for victims. If you were hurt, put your trust in our legal team as a priority.

Contact The Dixon Firm for Help Today

You are facing challenges to your health and well-being due to the mistakes of another person – a person you trusted with your life. At The Dixon Firm, we provide you with exceptional legal insight as you fight for fair compensation. Let our Atlanta surgical errors lawyer fight for you. Contact us now.

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