Gwinnett County Surgical Error Lawyer

Physicians are expected to exercise a reasonable degree of care and skill when caring for patients. If a medical provider’s negligence has caused you to suffer physical and financial damages, a Gwinnett County surgical error lawyer could aid in your legal recovery. A personal injury attorney could provide the aggressive and knowledgeable legal representation needed to protect your legal interests while working with in-house medical professionals to understand your case.

Common Types of Surgical Errors

Rarely are any two surgical error cases exactly alike. When a medical provider makes a mistake during a surgery, the consequences are often catastrophic for the patient. Common surgical errors include leaving a surgical object in the patient, performing the wrong surgery on a patient, performing surgery on the wrong patient, performing a surgery on the wrong side or site, unnecessarily delaying surgery, and anesthesia errors.
The adverse outcomes of a surgical error may include injury to organs, perforations, infections at the surgical site, and nerve damage. In addition, the patient may require additional corrective surgeries, resulting in preventable expenses, pain, and suffering.

Proving Surgical Negligence

While surgical errors are all too common, every error does not necessarily lead to a case of medical negligence. A Gwinnett County surgical error attorney must prove each of the following elements to pursue a successful negligence claim for compensation:

  • The physician’s action or lack of action did not satisfy the standard of care accepted in the medical field, thereby constituting a violation of the physician’s duty of care to the patient,
  • The physician’s violation was directly responsible for the patient’s injuries, and
  • The patient suffered actual physical or financial damages.

A knowledgeable lawyer could help injured patients identify whether they may have grounds to file a negligence lawsuit to recover compensatory damages. Upon identification of a viable claim, an attorney could then work to gather evidence using state-of-the-art technology.

Strict Filing Deadlines Apply

O.C.G.A. §9-3-71 states that an injured patient must file a civil lawsuit against the negligent medical provider within two years of the patient’s injury. Under the law’s statute of repose, patients who do not immediately learn that they have been injured must file suit no later than five years from the date of the patient’s injury.

Leaving a foreign object inside a patient is a common type of surgical error. Accordingly, the law makes a special exception for patients who suffer a retained surgical object. Pursuant to O.C.G.A. §9-3-72, a victim has one year from when he or she discovers the foreign object to file a claim.

Compensable Losses

There are numerous types of compensable damages to which a surgical error victim may be entitled, including both economic and non-economic damages. These could cover costs associated with the patient’s:

  • Lost wages,
  • Future lost wages,
  • Current and future medical bills,
  • Emotional anguish,
  • Loss of companionship,
  • Loss of life enjoyment, and
  • Physical and emotional pain and suffering.

Punitive damages may also be available in limited cases. These damages punish a wrongdoer for malicious or shocking misconduct while serving as a deterrent to future conduct. A Gwinnett County lawyer could explain the damages a surgical error victim may be able to recover in his or her specific case.

Get Help from a Gwinnett County Surgical Error Attorney

You may have the legal right to financial recovery if you have been injured due to a surgical error. Schedule your consultation with a Gwinnett County surgical error lawyer today to learn more about your legal options and discuss what remedy may be available. An attorney stands ready to take calls at all hours and speak directly to you about your free case review.

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