Unintended pain, additional treatment sessions, and questions about the future are just a few of the results of surgical errors. For a victim of surgical malpractice, the key question is whether a surgeon or hospital’s level of care failed to meet the required standard. Receiving the compensation they deserve depends on moving forward with a plan focused on their specific needs. 

What is Surgical Malpractice?

Surgical malpractice occurs when a medical professional, such as a surgeon, fails to provide treatment that meets or exceeds the accepted standard of care. Under the same circumstances, if another surgeon would have performed the surgery substantially differently, a surgical malpractice claim may be appropriate. 

Surgeons owe a duty of care to their patients. A breach of that duty occurs when the surgeon’s performance does not meet the standard of care commonly accepted in that area of medicine. While certain occurrences during complex medical procedures are unavoidable, other situations involve medical negligence. Negligence involves a surgeon’s deviation from accepted medical standards of care. 

When a breach of the duty of care occurs that is found to have directly caused a patient’s injuries, a surgical negligence victim has proven three of the four elements of a surgical malpractice case. From there, a patient must only prove that the harm suffered resulted in damages. Examples of damages in surgical malpractice cases include the cost of medical care, lost wages, and pain and suffering. 

Types of Surgical Errors Which Lead to Patient Injuries

• Errors that occur before surgery begins are known as pre-operative errors. A great deal of preparation goes into ensuring the surgery proceeds without undue risk of harm. Preventable mistakes, such as not fully reading a patient’s chart or errors in administering anesthesia, can harm a patient before the surgeon even picks up an instrument. 
• Intraoperative errors happen during the surgery. Unfortunately, errors such as operating on the wrong body part and leaving surgical instruments inside a patient’s body can occur. Surgeons must also take precautions to avoid lightly touching a nerve ending, which can cause fingers or entire limbs to stop functioning properly. 
• Post-operative monitoring involves careful observation of the patient. When an unforeseen issue arises after surgery, the nursing and surgical teams must identify the problem before it worsens. Infections, bleeding, and other complications are major considerations that must be watched closely after surgery. 

How Expert Witness Testimony Factors Into Proving Surgical Negligence

Evidence is necessary when attempting to prove a complex medical malpractice claim stemming from a surgical mistake. Often, an expert witness well-versed in surgical best practices will need to testify or submit a report showing whether the standard of care was violated. From there, the other elements of a negligence lawsuit: breach of duty, causation, and damages will be put under the microscope. 

Locating and retaining expert witnesses can be challenging, depending on the type of surgical malpractice alleged. An experienced surgical malpractice attorney gives an injured patient an edge in identifying an expert who can prove the necessary elements in a surgical error lawsuit. In many ways, the expert’s testimony and written opinions are most important in a surgical malpractice case. 

Building a Strong Foundation Through Evidence

While every surgical malpractice case is unique, certain types of evidence almost always form the foundation of a case. Those types of evidence include:

• Before the surgery even takes place, the medical records associated with how anesthesia was administered, as well as logs of any medicine taken by the patient, should be obtained by an injury victim
• Medical records associated with the failed surgery must be obtained. This includes surgical reports and post-operative, follow-up records 
• Small details matter in a surgical malpractice case. That said, an injury victim must closely review bloodwork and other lab results. What may appear to be an insignificant oversight by a doctor reading an X-ray may turn out to be the issue that changes the trajectory of a case
• What are the hospital’s rules regarding the monitoring of surgical teams? How closely does the hospital monitor the medical professionals performing the surgery? 

Proving Causation: What Must an Injury Victim Do?

In a surgical malpractice case, causation is often the hardest element to prove. Attorneys can review the available evidence, but drawing a connection between the surgeon’s action or inaction and the patient’s injuries is another matter altogether. An expert witness can help prove causation and show a jury that the damages are reasonable. 

Liability in Surgical Malpractice Cases: Not Only Limited to Surgeons

Fault for a patient’s injuries is not necessarily limited to the surgeon. The hospital can shoulder much of the fault for not having sufficient protocols in place involving proper oversight of each surgery being performed at their facility. Multiple parties: nurses, surgeons, anesthesiologists, and the hospital itself can bear portions of the liability burden in a surgical malpractice case.

Nurses are responsible for much of a patient’s post-operative care. To that end, if a nurse fails to note a change in the patient’s condition, an error in a prescription, or other mistakes, that nurse could be in a position where much of a patient’s injuries may have been caused after the surgery took place. For an injury victim, it is crucial to leave no stone unturned when determining who was liable in a surgical malpractice case. 

Contact Crim Law, PLLC for a Free Case Review

Don’t let others take advantage of your rights. Instead, contact Crim Law, PLLC today. Our team of experienced West Virginia surgical malpractice attorneys delivers top-notch results. Get a free case review by contacting our office today.