HomeNews Surgical Malpractice A Simple Guide to Surgical Malpractice

Dec 23, 2021 in News --> Surgical Malpractice

A Simple Guide to Surgical Malpractice

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Surgeries are inherently risky medical procedures during which patients put their lives in doctors’ hands. Even in a country with an advanced medical system like Canada, surgeries are not guaranteed to end well. Injuries and complications are always possible, and in rare cases are caused by the error, omission, or negligence of a member of the surgical team. These events are known as surgical malpractice and may result in medical malpractice lawsuits.

What is Surgical Malpractice?

Surgical malpractice is, simply, medical malpractice involving surgery. In other words, in order for a surgical malpractice case to be viable, it must meet the same criteria as any other medical malpractice case. If you’re interested in pursuing a claim, your medical malpractice lawyer must prove the following:

  • Negligence: That your surgeon breached the standard of care and that the breach caused an injury.
  • Substantial Impact: That the injuries you suffered were serious – for practical reasons, most medical malpractice cases involve claims beyond pain and suffering due to the costs associated with bringing a medical malpractice lawsuit.

What Sort of Injuries are Associated with Surgical Malpractice?

Brain Injury

Brain injuries can result from complications during a surgical procedure or during post-operative care. When the injuries are caused by a failure to provide the applicable standard of care, surgical malpractice may have occurred. The severity of brain injuries incurred during surgery can vary greatly – if you or your family member’s injuries are serious, you should contact a surgical malpractice lawyer right away.

Spinal Injury

Along with brain injuries, spinal injuries are among the most serious physical injuries that a person can suffer. In some worst-case scenarios, spinal injuries can cause debilitating, lifelong symptoms including quadriplegia and paraplegia. When the negligence of a member of a surgical team causes damage to the spinal cord or nerves, surgical malpractice may have occurred, and you should immediately contact a medical malpractice lawyer.

Other Injuries

Other injuries or errors that could lead to a surgical malpractice claim include procedures conducted on the wrong part of a patient’s body; unnecessary surgery or surgery conducted on the wrong patient; surgical instruments left in the body; organ or nerve damage; and infection.

What Legal Recourse do Victims of Surgical Malpractice Have?

If you or a member of your family has been injured as a result of surgical malpractice, you may be able to access compensation through a medical malpractice lawsuit. Contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation with a member of our experienced team. We will listen to your story, assess the viability of your claim, and explain the next steps in the legal process. Contact us today to learn more.


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