Every surgery has risks, and a complication is not always malpractice. A preventable mistake is different. When a surgeon or hospital departs from accepted standards and a patient is harmed, the law provides a remedy.
Errors We Investigate
- Surgery on the wrong site or the wrong patient
- Sponges, instruments, or other objects left inside the body
- Cutting or damaging a nearby organ, nerve, or blood vessel
- Anesthesia errors
- Failing to recognize and treat bleeding or infection after surgery
- Performing surgery that was not needed
- Operating without informed consent
Informed Consent
Weren't told the risks of a medical procedure?
An informed consent claim may apply to non-emergency treatment and certain invasive tests. You must show the doctor failed to disclose risks that a reasonable doctor would have disclosed, and that a reasonable person, knowing those risks, would have said no.
How We Evaluate a Case
- We obtain the operative report, anesthesia record, nursing notes, and imaging.
- A surgeon in the same field reviews the care.
- We tell you plainly whether there is a case and why.
What You Can Recover
- The cost of corrective surgery and future care
- Lost wages and loss of future earning ability
- Pain and suffering
- In death cases, the financial losses to the family
Deadlines
Malpractice deadlines are shorter than other injury cases. The lawsuit generally must be filed within two years and six months of the malpractice, or of the end of continuous treatment for the same condition.
If an object was left inside the body, the deadline is generally one year from when it was discovered or should have been discovered. Fixation devices and implants placed on purpose do not count as foreign objects.
Claims against a public hospital have shorter deadlines and their own notice requirements. Every case is different, and the rules that apply depend on the facts, the parties, and the insurance involved. Once we discuss your claim and complete the necessary research, our office will confirm which deadlines and coverage apply to you.
Common Questions
The consent form listed this complication. Do I still have a case?
Possibly. A listed risk does not excuse a surgeon who caused the injury through careless technique or failed to treat it in time.
How do I find out what happened in the operating room?
Through the records. Patients have a right to them, and we can request them for you.
The surgeon was very apologetic. Does that mean it was malpractice?
Not by itself. Only a review of the records by a qualified physician can answer that.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.