Wayne County Operation Error Malpractice Lawyer
Whether routine or emergency, patients undergoing surgery in Wayne County face significant risks. Surgical errors remain a common form of medical malpractice that impacts tens of thousands of lives yearly. However, diligent and skilled medical professionals can often prevent the most serious operation errors.
Surgeons must treat their patients in line with a recognized standard of care. When a surgeon fails to act in line with the standard of care and this results in a patient being injured, the surgeon can be held accountable for the injuries cause to the patient through a medical malpractice lawsuit. At the Sommers Schwartz, P.C. law firm our dedicated medical malpractice attorneys have over 45 years of experience holding negligent providers in Wayne County accountable for our client’s injuries.
What Is an Operation Error?
An operation error is any patient injury resulting from surgery when the error was due to a medical provider’s negligence. Of course, not every surgery goes as planned, and just because a patient doesn’t obtain the outcome they hoped for doesn’t necessarily mean it was due to a provider’s negligence.
Generally, to establish that a surgeon was negligent, a patient must be able to prove all the following:
- The existence of a doctor and patient relationship.
- The doctor violated a legally owed standard of care.
- The patient’s injury is a result of the doctor’s negligence.
- The patient suffered recognizable injuries from an operation error.
The most complex aspect of a surgical error claim relates to determining the applicable standard of care. All healthcare providers must render care that is in line with the type and level of care an ordinary, prudent healthcare professional with the same training and experience would provide under similar circumstances in the same community. Thus, the standard of care varies depending on the type of surgery, the surgeon’s experience, and where the surgery is being performed, among other things.
In Michigan, an expert witness must be used to establish the healthcare provider violated the standard of care. This requirement exists because most jurors and judges are not familiar with medical standards of care. The law recognizes that the standard needs to be established by someone who has the correct knowledge.
Types of Operation Errors
Many adverse outcomes can follow surgery, depending on the type of surgery and where the surgery is performed on the body. The most common errors that can occur during a serious medical operation include:
- Leaving a foreign object inside a patient’s body.
- Anesthesia errors.
- Nerve damage.
- Wrong-site and wrong-patient surgeries.
At Sommers Schwartz, P.C., we have over four decades of experience handling complex Wayne County medical malpractice cases. We can help you determine if your injuries resulted from a surgeon’s negligence.
Causes of Operation Errors
Even though healthcare providers are supposed to work to prevent surgical errors, they still occur with shocking frequency. While not every injury that takes place during surgery means that a healthcare provider was negligent, there are common surgical mistakes that indicate that an injury may have been the result of negligence during a surgery. Common issues include:
Poor Communication – Poor communication between the surgeon and the patient or among medical providers can result in a surgeon operating at the wrong site or even on the incorrect patient.
Improper Planning – Barring emergencies, surgeons cannot just show up and perform surgery. A significant amount of time prepping and familiarizing themselves with the patient and reviewing medical history is crucial to ensure no serious problems occur during surgery.
Incompetence – If a Michigan surgeon is inexperienced, performing a high-risk operation is dangerous and dramatically increases the likelihood of a mistake. Proper schooling and training are essential, but even new doctors are sometimes unprepared.
Fatigue – All doctors work long hours. However, surgeons, particularly those in emergency rooms, often spend more than 12 hours on duty. Like everyone else, surgeons are more likely to make mistakes if fatigued.
Negligence – Surgeons must be meticulous, ensure their work area is clean, sterilize instruments, and prepare proper tools and equipment promptly. If a surgeon is careless, oversights can lead to a wide range of infections.
Schedule a Free, No-Obligation Consultation with a Wayne County Operation Error Lawyer at Sommers Schwartz, P.C.
If you or a loved one recently had surgery and ended up with new or worsening injuries, you may be entitled to compensation through a medical malpractice claim. At the Sommers Schwartz, P.C. law firm, our Wayne County lawyers understand the challenges you and your family face, and we want to help. Our medical malpractice attorneys are some of the country’s most experienced and skilled, and we will fight tirelessly to help you obtain the compensation and justice you deserve. To learn more and schedule a free consultation with a Michigan medical malpractice lawyer, call Sommers Schwartz, P.C., at 800-783-0989 today.
We fight hard. And we win.
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