Marietta Surgical Errors Lawyer
Generally, surgery is supposed to help a person feel better and live a fuller life. Unfortunately, however, those aims are not always reached. In certain instances, surgical errors can have tragic results. However, you are not alone. A Marietta surgical errors lawyer can help. Our seasoned attorneys could help you determine whether you have a viable claim and build a thorough case for compensation.
Protections Under the Law
Individuals who believe they sustained harm due to a surgical error are afforded the legal right to seek restitution. O.C.G.A. § 9-3-70 defines an action for medical malpractice as a legal effort against medical professionals whose negligent conduct precipitated damages or death to a patient under said professional’s or medical institution’s care.
However, proving a physician committed a surgical error can be a complicated process. To be successful, the injured person will need to prove that four crucial events occurred. These critical elements are:
- The patient shared a professional relationship with the doctor in question and that professional was familiar with the patient’s medical history
- The surgeon’s conduct fell below the standard of practice expected of any other competent doctor under the circumstances
- The error directly contributed to the damages sought in the claim
- The error caused the client serious or unnecessary harm
To do this, a person can work with a Marietta surgical errors lawyer to gather evidence and build a case against the parties who committed the infraction. Evidence might include the patient’s medical records and the testimony of experts in the medical field that can accurately judge the performance of the physician(s) in question.
Typical Types of Surgical Errors in Marietta
Surgical errors can occur in many different types of operations. These mistakes can include operating on the wrong organ or body part, leaving a surgical instrument or foreign object inside the patient’s body following a procedure, inflicting nerve damage during a given procedure, the improper administration of anesthesia and performing an operation on the wrong patient.
These are only a few recorded examples. Every operation could present a different set of circumstances, as well as the opportunity for a variety of mistakes to occur. A Marietta surgical errors lawyer can review the specific circumstances surrounding a case to determine whether it is actual malpractice.
The Causes of Errors
Surgical mistakes may occur for various reasons. However, not every reason can result in a viable claim. These are some common examples of errors that are considered negligence and may be a cause of action.
- Incompetence
- Fatigue
- Neglect
- Substance Abuse
Incompetence & Fatigue
Incompetence can take many forms. The surgeon might have lacked the experience or skillset to perform the operation in question, the professional may have failed to plan for the unexpected variables that could take place during the procedure, or he or she simply failed to receive all pertinent information about the patient and operation prior to performing the surgery.
Surgeons often work long hours and the physician in question might have entered the surgery showing signs of fatigue. It is always important for a surgeon to make sure they have the mental capacity to perform a surgery, when they do not mistakes can happen.
Neglect & Substance Abuse
Certain surgeons may fail to take all proper precautions such as sanitizing operational instruments or using faulty or sub-standard equipment. When this happens, infection or injury can result. A surgeon’s ingestion of illicit substances or alcohol prior to performing an operation may lead to said professional making a surgical error. This is overt negligence and may even be considered recklessness.
Speak with a Marietta Surgical Errors Attorney Today
Experiencing a surgical error could be among the biggest health nightmares a patient can undergo. You might be able to receive compensation for the pain and health problems experienced in the operation’s aftermath. However, you might stand a better chance of recovering the compensation you deserve by retaining the services of a Marietta surgical errors lawyer. Call today to learn more.
