Atlanta Wrong Procedure Lawyer
With alarming frequency, surgical teams perform the wrong surgery on patients in the United States. The Joint Commission—the agency that accredits American health centers—estimates that surgeons perform operations on the wrong body part or wrong patient about 40 times each week nationwide.
When patients are given the wrong surgical procedure, the hospital and the staff violate the trust of that individual. Afterward, assistance from a medical malpractice attorney may be needed to rectify the problems that the wrong procedure caused. If you were negatively affected by the negligence of surgical staff, an Atlanta wrong procedure lawyer could fight for your interests in the courtroom.
Examples of Wrong Procedure Surgery
Wrong procedure surgeries can take many forms, and some cases even reach the nightly news. Unfortunately, many cases like this are never disclosed to the public—or the patient—because of loopholes in reporting requirements.
Besides performing the wrong operation entirely, other examples of incorrect surgery can include operating on the wrong ligament or joint, removing the wrong organs, or operating on the wrong part of the spinal column. All of these examples may be grounds for a medical malpractice suit, as described in Official Code of Georgia §51-1-27.
Safeguards Against Wrong Procedures
Nearly 20 years ago, the Joint Commission mandated a set of “universal protocols”—designed to protect patients from wrongful surgeries—that surgical staff must follow before they begin to operate. The protocol states that surgeons not only should label the site of the operation on the proper limb, but also that they should go one step further and write “no” on the opposite limb.
The Joint Commission also introduced other safeguards like a mandatory “time-out”—a break where the surgical team reviews x-rays, medical records, and patient identification—prior to incision. In cases of wrongful surgery, medical staff often disregards best practices put forth by the Joint Commission. An attorney familiar with wrongful surgeries in Atlanta may be able to fight for compensation from these forms of negligence in a medical malpractice suit.
Out-of-Court Settlements in Wrong Procedure Cases
Hospitals and clinics provide doctors, surgeons, and staff with comprehensive liability insurance to protect them when they make a mistake. Often, these insurance companies—and the healthcare providers they insure—would rather settle disputes out of court. This can also keep a mistake from becoming publicized, because each state has different reporting requirements when a wrongful surgery occurs.
In Georgia, not all wrong procedure cases go to trial, so for some patients, it may be advantageous to settle their case out of court, and an experienced wrong procedure lawyer in Atlanta could help them accomplish this.
An Atlanta Wrong Procedure Attorney May Be Able to Help
Invasive procedures carry inherent risk, but if a surgical error occurs, patients often leave the operating room with compounded issues. Their original conditions are still unaddressed, and new complications may arise because of the medical mistake.
It should be noted that in many jurisdictions, medical facilities are not required by law to disclose when staff perform wrong procedure surgeries. Accordingly, many victims of wrongful surgery are never notified of the mistake or compensated for the pain and trauma that such malpractice causes. Speak to an Atlanta wrong procedure lawyer now to understand the details of your case and possible compensation that you may be entitled to under Georgia law.
