The Bartinik Law Firm LLC

100 Fort Hill Road, Groton, Connecticut. Call 860-445-8521

SURGICAL ERROR

WHAT CAN YOU DO WHEN SURGICAL ERROR CAUSES SERIOUS INJURY?

You can sue in a medical malpractice case if you are victim of surgical error.  You have the right to reasonably safe professional medical care.  Your doctor must perform surgical procedures within established guidelines called the “standard of care.”   As a result, if the surgeon does not follow the standard of care, they commit medical malpractice.  If that malpractice causes a serious injury, then you might have a case of medical malpractice.

SURGICAL ERROR MEDICAL MALPRACTICE IS A SERIOUS PROBLEM

Medical malpractice is a serious problem.  In a 2013 study, A New, Evidence-Based Estimate of Patient Harms Associated with Hospital Care by John T. James, PhD., premature death associated with preventable harm to patients was over 400,000 per year.

According to the respected website WebMD, certain medical errors called “never events” should never happen.  Yet, these types of gross surgical errors occur 4000 times per year according to the article.  In an article called an Analysis of Surgical Errors in Closed Malpractice Claims at 4 Liability Insurers, (July 2006) the authors concluded one-half to two-thirds of inpatient adverse events are due to surgical error.  Examples of these gross surgical errors that should never happen are leaving a sponge in the patient’s body, or performing the wrong procedure on the patient.

Surgical can errors lead to serious injury.  As a result surgical errors often lead to serious life altering injury, and are totally avoidable.

Don’t let your health care professional get away with the pain and suffering caused by a surgical error.

FIGHT FOR THE COMPENSATION YOU DESERVE FOR THE INJURIES YOU HAVE SUSTAINED FROM SURGICAL ERROR.

WHAT TYPE OF DAMAGES CAN I SUE FOR IN A MEDICAL MALPRACTICE LAWSUIT?

In a medical malpractice lawsuit, you can win compensation for:

  • Medical expenses
  • Lost wages and diminished future earning capacity
  • Pain and suffering
  • Loss of companionship
  • Permanent catastrophic injuries or disabilities, including scarring
  • Wrongful death

WHAT ARE SOME EXAMPLES OF SURGICAL ERROR MEDICAL MALPRACTICE.

You may have a medical malpractice lawsuit if you or a loved one has been faced with one of the following situations:

  • Surgery at the wrong site,
  • Surgery on the wrong patient or a patient mix-up,
  • Unnecessary surgery,
  • Infection,
  • Leaving a surgical instrument like a sponge or probe inside the body,
  • Damage to internal organs,
  • Nerve damage including spinal cord damage, and brain damage.

HOW DO I KNOW IF I HAVE A MEDICAL MALPRACTICE CASE?

At The Bartinik Law Firm LLC, we are very selective about the medical malpractice cases we accept.  We strive to fight for individuals who have endured very serious injuries, and have the most to gain from winning a Connecticut medical malpractice suit.  We also work with families who have lost their loved ones due to medical negligence.

Do you think that a loved is the victim of a surgical error?  Contact us today.

THE FIRST STEP IN EVALUATING THE MEDICAL MALPRACTICE CASE IS TO GATHER AND REVIEW ALL OF THE MEDICAL RECORDS.

The first step is to gather the medical records and especially the operative note.  When a surgery is performed you should expect a detailed operative note that describes what was performed.  For example, if the patient lived in Groton, Connecticut and had a surgical procedure performed, they were likely treated in the Lawrence & Memorial Hospital, or the Backus Hospital.  You or your lawyer should request all of the medical records for their care including the hospital records, tests, and the lab work.  You will need all of the relevant prior medical records to evaluate the their medical condition before the procedure.  After you obtain all of the relevant medical records, you are ready to review the case.

NEXT, YOU MUST HAVE AN EXPERT CERTIFY THAT MEDICAL MALPRACTICE HAS OCCURRED.

Next, you will have to find a doctor to review the case.  The reviewing doctor must be a similar health provider, or the same type of doctor as the defendant doctor.  The reviewing doctor must also have the same qualifications as the defendant doctor.   You can proceed with a lawsuit only if you received a certification from the reviewing doctor that medical malpractice has occurred by the defendant doctor.

FINALLY, YOU MUST PROVE ALL OF YOUR HARMS AND LOSSES.

Next, you must prove that your harms and losses were caused from the medical malpractice, and not the underlying condition for which surgery was necessary.  For example, you must prove that the surgical error caused the serious injury or death.  If your loved one was very sick, then the defense will to try to blame your loved one’s death on the underlying illness itself instead of the surgical error.  All of these medical questions require answers by qualified medical experts to determine the harms and losses suffered by your loved one.

WHERE TO FIND HELP?

We are here to help you evaluate your case.  Our medical malpractice lawyers at The Bartinik Law Firm LLC do not accept every case because we take case evaluation very seriously.  We will only accept the case if it has merit, and high damages sufficient to justify the case.

When The Bartinik Law Firm LLC represents you in your medical malpractice case, you can expect attention to detail.  You can also expect excellent customer service.  Just take a look at our former client testimonials on this website.  When it comes to case preparation, and trial technique we have trial lawyers who are Board Certified Civil Trial Attorneys by the National Board of Trial Advocacy.  We stand ready to take your case to trial if necessary.

If you or a loved one were injured or killed by a surgical error contact The Bartinik Law Firm LLC at 860-445-8521 today for a free consultation.