Nobody wants to hear that they need surgery. It’s frightening enough knowing that you’ll be going under the knife. It is even worse when you hear horror stories about some of the mistakes surgeons make while operating on a patient. If something like this does happen to you, it’s important that you call an experienced Columbus medical malpractice lawyer.
Here, we’ll discuss some of the more common types of surgical mistakes. We’ll also explain some of the more common causes of these surgical errors.
Are Surgical Errors Very Common?
You may be surprised at how many surgical mistakes are made every year in this country. On average, more than 4,000 patients are injured due to a surgical error. This only includes those cases that result in a malpractice claim.
In total, these claims end up costing more than $1.2 billion in insurance payouts. Given that most of these claims were likely settled, the total loss could have been much higher.
Columbus Medical Malpractice Lawyers Have Seen All Types of Surgical Mistakes
Over the years, medical malpractice lawyers in Columbus have seen all types of surgical errors. Some are minor and do not result in significant injury to the patient. Others, sadly, can prove life-changing for the victim.
It’s important to remember that, even if there was a surgical error, your medical malpractice attorney can’t pursue a claim unless you were injured. There are some surgical mistakes that, while terrible to imagine, don’t actually result in an injury.
Some Are Much More Common Than Others
Of the thousands of surgical errors made every year, there are some that have a much higher incidence rate. Some of the more common surgical mistakes our medical malpractice lawyers in Columbus have handled include the following:
- The surgeon accidentally hits a nerve causing permanent nerve damage or paralysis.
- Too little or too much anesthesia.
- Making an incision in the wrong spot on the patient’s body.
- The surgeon leaves a piece of foreign materials or a surgical instrument inside the patient’s body.
- Performing surgery on the wrong body part.
- Operating on the wrong person.
Of course, this is not a complete list of potential surgical mistakes. However, these are the ones our medical malpractice lawyers in Columbus have seen.
What Are the Causes of Surgical Errors?
When you go to see a doctor, especially a surgeon, you should be able to trust that they’re an expert. After all the schooling and training surgeons endure, it is fair to presume that they know what they’re doing.
At the same time, as with any other profession, surgeons make mistakes. They are, after all, only human. However, they are held to a much higher standard because of the kind of work they do. They even take an oath promising to do no harm.
Unfortunately, as stated above, there are many occasions on which a surgeon, or an anesthesiologist, makes a critical error. These errors are often caused by one or more of the following:
- Fatigue
- Intoxication
- Incompetence
- Poor pre-op planning
- Miscommunication
- Negligence
- Defective or non-sterile equipment
If you experience any of these things during your surgery, it’s critical that you contact a medical malpractice lawyer in Columbus. They can help determine if you have a valid claim for damages.
What Can Your Medical Malpractice Lawyer in Columbus Do?
If you have been injured due to a surgical mistake, you have options. Ideally, your Columbus medical malpractice lawyer will file an insurance claim on your behalf. If the insurance adjuster agrees that an error took place, your claim should be paid.
However, there is a chance that your claim will be denied or only paid in part. If this happens, your medical malpractice lawyer in Columbus can appeal your claim. If this is unsuccessful, you do have the option of filing suit.
It Depends on Whether the Defendant Has Medical Malpractice Insurance
There are cases where the surgeon may not have malpractice insurance. Georgia is one of the states that does not require medical professionals to carry insurance. Many clients are surprised to learn this. They are also frustrated at this news.
The important thing to remember is that you still have options. Medical malpractice lawyers in Columbus understand that there could be other possible defendants to pursue. Or, if need be, you can always pursue the surgeon directly.
Your Lawyer May Need to Sue the Hospital or Surgical Facility
If your surgeon doesn’t have insurance, your Columbus medical malpractice lawyer will have some decisions to make. There is a chance that the hospital or facility where your surgery took place may be liable.
Or, if the surgical error was due to defective equipment, you may have a claim against the manufacturer.
In either of these cases, you may want to pursue these other parties as well as the surgeon. One of the benefits of having a surgeon as the defendant in your case is that there’s a good chance they have assets.
You Can Count on Your Columbus Medical Malpractice Lawyer to Pursue Damages
If your Medical malpractice lawyer in Columbus believes there is sufficient evidence to prove negligence, they will recommend that you pursue damages. Of course, your first option is to file your malpractice claim. If this is paid, you won’t need to take further legal action.
If, however, your claim is not paid in full, your Columbus medical malpractice lawyer will file suit. In your initial complaint, they will demand damages. You may be entitled to some or all of the following:
- Medical bills and future medical bills
- Lost wages
- Lost future income
- Pain and suffering
- Punitive damages (in rare cases)
It is rare for any plaintiff in a personal injury case to receive punitive damage. The only way you can expect to receive these damages is if your medical malpractice lawyer in Columbus can prove that the defendant acted recklessly or was grossly negligent.
Even if you are awarded punitive damages, these are capped at $250,000. Georgia statute §51-12-5.1 does not limit your overall damages. However, it does limit the amount you can receive in punitive damages.
Since each case is unique, there is no guarantee that you’ll receive all of these types of damages. It depends on the nature and extent of your injuries. Just know your Columbus medical malpractice lawyer will fight to get you the compensation you deserve.
Call to Schedule Your Free, Initial Consultation Today!
One of the unique things about personal injury is that you get a free, initial consultation. We’ll listen to your story and let you know if you may have a case. Contact our personal injury firm in Columbus, GA today.
If you decide to retain a Columbus medical malpractice lawyer, they’ll handle all dealings with the insurance company. If need be, they’ll also file suit on your behalf and fight to get you the compensation you deserve.
All you have to do is call our office and schedule a date to come into the office. If you prefer, you can also contact us through our website.
