Proving Liability in Fulton County Outpatient Surgery Cases

All medical providers and healthcare facilities are required to treat patients with a certain degree of care. When medical professionals violate this standard of care, it can lead to severe complications for the patient.

If you believe your medical provider committed an error during your procedure, you may need help from a skilled attorney familiar with proving liability in Fulton County outpatient surgery cases. Reach out to a lawyer who can help you hold the responsible parties accountable in your claim.

What is the Duty of Care in an Outpatient Surgery Center?

Duty of care is a person’s responsibility to exercise a reasonable degree of care and skill for the people around him or her. An individual’s level of duty to another person can vary based on the situation. However, all medical providers owe a duty of care to their patients.

Under O.C.G.A. § 51-1-27, a person practicing surgery or administering medicine for compensation must bring a reasonable degree of care and skill to his or her profession. Proving liability in an outpatient malpractice case involves demonstrating that the facility or medical provider breached the standard of care.

Establishing Liability After a Same-Day Surgery in Fulton County

Liability is established by proving the existence of four elements. First is a duty of care, which is apparent in the doctor-patient relationship. Next, the patient must demonstrate that the medical provider breached that duty.

Third, the filing party must establish a causal connection between the breach of duty and his or her injuries. Lastly, the patient must show he or she suffered actual damages. If the individual fails to prove even one of these elements, the negligent party will not be held liable in the outpatient center negligence case.

Are All Surgical Errors Considered Negligence?

An outpatient surgical center or healthcare provider is not always liable for complications or errors in the procedure. If the patient suffered an injury, but there was no breach in the duty of care, the facility would not face liability.

Even if the medical provider did commit an error, he or she would not be considered negligent unless the error directly caused an injury. It is always best to speak with a Fulton County lawyer who can determine the validity of a claim.

Potential Liable Parties in an Ambulatory Surgery Facility

In an outpatient surgery setting, all medical professionals involved in the patient’s procedure can be held liable for their negligent actions. Potential negligent parties may include:

  • Surgeons,
  • Anesthesiologists,
  • Certified registered nurse anesthetists (CRNAs),
  • Nurses, and
  • scrub technicians.

Though the surgeon may be the primarily liable party, an outpatient center malpractice attorney could help identify other negligent individuals.

Can Delayed Discovery of a Foreign Object Affect Liability?

Often an injury or complication does not manifest itself until days or weeks after surgery. For example, if the surgeon left a foreign object in the patient’s body, it could cause a blockage that the individual does not notice until much later. This delayed discovery should not impact liability in an ambulatory center negligence claim. The statute of limitations in a foreign object medical malpractice case allows a patient to file his lawsuit up to a year after the object is discovered.  In a non-foreign object medical malpractice case, the statute of limitations is generally two years from the date of injury.

An Attorney Could Help You Prove Liability in a Fulton County Outpatient Surgery Case

If you suspect you have been injured due to an outpatient surgery, get in touch with an attorney right away. The legal team at Warshauer Woodward Atkins has experience proving liability in Fulton County outpatient surgery cases. Our firm can help you determine whether you have an actionable claim. Contact us soon to schedule a free case review.