Columbus Surgical Errors Lawyer
Undergoing surgery is often a stressful and overwhelming experience even when the procedure goes smoothly. If a surgeon makes a mistake and causes you to suffer additional harm, the resulting impact on your life could have far-reaching effects on your financial, personal, and professional future.
If you were injured due to a surgeon’s mistake, call a Columbus surgical errors lawyer to see if you can seek compensation for your damages. A compassionate medical malpractice attorney could listen to the facts of your case and discuss how you may best proceed with potential civil litigation.
Typical Types of Surgical Errors
Essentially, a surgical error is a mistake during surgery that could have been prevented were it not for the surgeon’s negligence. Although no surgical procedure is without inherent risk, these mistakes are considered to be outside the scope of reasonable risks during a procedure.
Before surgery, patients are asked to sign informed consent paperwork stating that he or she understands the risks of a procedure. However, any errors or mistakes that are legally considered to be preventable are not covered by this waiver. Therefore, any negligence on the part of the doctor or member of the surgical team could make him or her liable for civil damages.
Common surgical mistakes include:
- Giving the patient too much or too little medication prior to a procedure;
- Making an incision that is in the wrong place or is larger than necessary;
- Leaving medical equipment inside of a patient; or
- Performing surgery on the wrong area of the body or on the wrong patient.
Determining Negligence in Columbus
A surgeon who is legally operating on a patient has an established doctor-patient relationship and a duty to perform the procedure in a way that another reasonable surgeon with similar experience would. If he or she fails to do this, there has been a legal breach of this duty of care.
Possible examples of a breach of duty include the use of drugs or alcohol during surgery, fatigue, lack of training or experience, a lack of pre-surgical planning, and poor communication with other members of the medical team. However, simply breaching a duty does not independently justify legal action—only if that breach directly results in a patient being injured and suffering compensable damages would a surgeon be legally liable.
If all these elements can be established, a victim may have a successful claim on the legal basis of negligence. However, proving negligence can be difficult, so any injured person seeking to file suit could benefit from the skill of a detail-oriented Columbus attorney in demonstrating a surgical error has occurred.
Deadlines for Filing a Surgical Mistake Claim
Official Code of Georgia §9-3-71 details the statute of limitations for filing a claim for compensation. For claims based on a medical professional’s mistakes, this deadline is two years from the date where a victim suffered an injury during a procedure.
It is important that an injured person seeking compensation adheres to this timeframe, as a failure to file in accordance with the statute of limitations may lead to his or her case being dismissed. A proactive surgical mistake lawyer in Columbus could help an injured victim file a timely claim.
Possible Exceptions to the Statute of Limitations
There are certain exceptions to the statute of limitations in Columbus, however. In some cases, Georgia law allows for a five-year statute of limitations. Known as the statute of repose, this exception applies only when a surgical error is not discovered right away.
Get Help from a Columbus Surgical Errors Attorney
If a surgeon is negligent during a procedure, the resulting injuries can be devastating and traumatizing. If you or a loved one was injured due to a medical professional’s mistake, consider reaching out to a Columbus surgical errors lawyer.
A caring and dedicated attorney could help guide you through the legal process and work tirelessly to build a persuasive claim. To schedule a free case review and begin seeking compensation, call today.
