Heading to a hospital for surgery is a worrisome event for anyone. There are many unknowns, and you may wonder about the procedure. While you trust that your surgeon has the skill and focus to get the job done, the truth is that sometimes a surgeon messes up. The result may have a terrible impact on the victim. When the victim suffers because a surgeon makes a mistake, the victim may have recourse by suing for a surgical error.
Yes, you may be able to sue if a hospital surgeon messes up. If the surgeon didn’t do their job to a reasonable standard, the victim may be able to recover compensation. The victim may have representation from a medical malpractice lawyer. The amount that they can recover depends on the amount that the victim suffers in losses and pain and suffering.
How to Know You Have a Medical Malpractice Case
When a surgeon messes up, it may be medical malpractice. If a mistake happens, it may or may not be significant enough to rise to the level of giving a legal right to a lawsuit. The answer is that it depends on the entire circumstances.
A surgeon has to perform their job up to the reasonable standards of an ordinary surgeon. It’s possible for a surgery to have a bad outcome without the victim having a legal right to sue. However, the surgeon still has to use a normal and ordinary amount of care as they go about their work. Failing to use sterilization protocols, leaving a sponge or instrument in the body, operating on the wrong body part, or anesthesiologist errors may all be a part of a surgeon’s mistake. These are just some examples of mistakes that may be unreasonable.
Pursuing a Lawsuit if a Surgeon Messes Up
To pursue a lawsuit if a surgeon messes up, the victim needs to prove all of the elements of medical malpractice. They need to show how the actions of the surgeon fell below reasonable standards of care. Typically, the victim does this by employing the help of a medical expert. A medical expert is someone who has the expertise to evaluate the actions of the surgeon. They can see if the surgeon’s actions are reasonable. If they are not, they can explain to the jury how the surgeon’s actions fell below reasonable standards of care.
What Can You Win in a Lawsuit
In a lawsuit, you can typically win an amount that covers your actual financial losses plus an additional amount for your pain and suffering. Because of the error, you may need an additional operation or prolonged healthcare. You may not be able to go back to work for a longer period of time than you were planning on. All of these losses can be a part of your claim.
In addition to economic losses, you can also claim more for pain and suffering. Pain and suffering is the loss that you have because of the physical and emotional suffering that goes along with being the victim of the mistake. Some states have caps for this kind of compensation in a medical malpractice claim. Your medical malpractice lawyer can help you understand the laws in your state and claim the maximum amount that you deserve.
Suing a Hospital
Winning a suit if a surgeon messes up means proving all of the elements of the case. That means showing not only that the hospital surgeon messed up but also the losses that are associated with the error. If the surgeon is part of a hospital group, the hospital may be liable for the error. It’s important to work with your medical malpractice lawyer in order to name the appropriate parties on the case. Proving the losses takes time and diligent attention. Your attorney may even help you work with a medical professional to identify and project the losses that you have into the future so that your lawsuit is complete.