Medical malpractice is a medical error that is preventable – whether the doctor in charge intended to harm the patient or not. These preventable actions are called “never events” because they are the kind of common surgical errors that should never occur. This includes mistakes like leaving foreign objects in a patient’s body, wrong patient surgery, wrong side surgery, wrong site surgery, and many more.
If you have undergone surgery and know your doctor has made a serious surgical error, keep reading about what this means for medical malpractice.
Common Surgical Errors
The most common surgical errors include:
- Foreign body left in the patient
- Wrong patient
- Wrong site
- Nerve damage
- Too much anesthesia
These common surgical errors can happen in the most routine procedures – not just the complicated neuro and cardio cases. Researchers have found that through 1990 and 2010 there were 10,000 never events recorded. The further analysis stated that each week surgeons leave a foreign object behind 39 times, perform wrong patient surgery 20 times and the wrong side surgery 20 times. These surgical errors are more common than many medical professionals, and the public at large, realize.
As a patient who is putting their life in the hands of a surgeon, you expect to be treated accordingly. We have endless amounts of sympathy for you, and so does a judge. As mentioned in the study above, throughout those 20 years 9,744 paid malpractice judgments and claims for these types of common surgical errors were reported, totaling $1.3 billion. Many never events go unreported. Don’t be the victim who decides to live with their surgeon’s errors.
In order for a plaintiff to win a medical malpractice case, we must prove four things:
- A duty of care was owed.
- A duty of care was breached.
- Proximate cause.
A duty of care is easily proved because it is widely assumed a surgeon is supposed to be devoted to the care of the patient. Surgeons can make errors that are more evident than the average physician. A surgeon is not undoubtedly negligent if his or her efforts are unsuccessful or if he or she makes a surgical error. But leaving a towel in the patient, removing the wrong kidney, or performing surgery on the wrong patient is undeniable.
Again, the plaintiff has to prove proximate cause. Depending on the severity of the surgical error, this can be more difficult to validate. Lastly, the patient must prove that they have suffered harm due to the surgeon’s lack of care.
Unintended mistakes do happen, but if you have been a victim of common surgical errors and medical malpractice due to a common surgical error you deserve compensation and much more. If you are looking for proper representation, The Berman Law Group has an experienced team of lawyers who can help. Call us today at (800) 883-5206. We will fight for you.