When you or someone you love needs a surgical procedure, you must put your faith in the surgeons, nurses, and other medical professionals on duty. You are approaching the procedure expecting that they will follow the correct procedures and protect the patient’s well-being at all times. However, if something goes wrong, you may look to the medical team for answers, and you could have grounds for a medical malpractice lawsuit. If this is the case, it is important to talk to a personal injury lawyer in Knoxville as soon as possible.
Let’s take a closer look at when surgical mistakes become medical malpractice and what you should do if you or a member of your family is affected.
What Is Medical Malpractice?
First, let us start by defining what medical malpractice means. Medical malpractice is a subcategory of personal injury law that occurs when a medical professional injures or harms a patient during a procedure, treatment, or routine medical appointment. However, there does need to be evidence that the medical professional has failed to provide the standard of care expected in their field, resulting in harm or injury to a patient. It typically involves negligence or a deviation from accepted medical practices. A medical malpractice lawyer in Knoxville can help you to gather evidence to prove negligence and secure compensation.
Some examples of medical malpractice include the following:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition or providing the wrong diagnosis, leading to incorrect or delayed treatment.
- Surgical Errors: Performing surgery on the wrong body part, leaving surgical instruments inside the patient, or making avoidable mistakes.
- Medication Errors: Prescribing the wrong medication or dosage, or failing to consider dangerous drug interactions.
- Failure to Obtain Informed Consent: Not informing the patient of potential risks before treatment or procedures.
- Birth Injuries: Negligence during childbirth causing harm to the mother or baby.
When Are Surgical Errors Considered Medical Malpractice?
It is important to take note that any time someone has a medical procedure, especially a surgical one, there is a level of risk involved. Sometimes things do go wrong and it is not through anyone’s fault. However, your medical provider must discuss these risks with you prior to the procedure so that you are able to give informed consent. If they fail to disclose these risks and you are harmed during the procedure, you may be able to pursue a medical malpractice lawsuit as they have failed in their duty of care. If you believe you were not adequately informed of the potential risks of a surgical procedure that has resulted in an injury, you should consult with a medical malpractice lawyer in Knoxville to find out what your next steps should be.
In addition to making sure you can give informed consent, medical professionals also have a duty of care to patients to provide an appropriate standard of care. If they do not provide that level of care or act in a careless or reckless manner, a resulting injury would be grounds for a medical malpractice lawsuit. Some of the most common surgical mistakes that result in medical malpractice cases include:
- Piercing, cutting, or otherwise damaging a nerve, artery, or blood vessel
- Doing the wrong surgical procedure on the patient
- Operating on the wrong part of the body
- Insufficient anesthesia causing the patient to wake mid-surgery
- Leaving sponges or surgical tools inside the patient
- Inadequate monitoring during or after the procedure
Proving Medical Malpractice
If you believe you have been affected by medical malpractice during a surgical procedure, it is important to reach out to a medical malpractice lawyer in Knoxville as soon as you can to start the ball rolling on a potential lawsuit. Your lawyer will need to prove that malpractice has occurred. In order to do that, four key elements are required.
- Duty of Care: There must be evidence that the healthcare provider had a legal obligation to provide competent care to the patient.
- Breach of Duty: You must prove that the provider failed to meet the accepted standard of care.
- Causation: It should be demonstrated that the breach directly caused or contributed to the patient’s injury or harm.
- Damages: The patient must have suffered actual harm, such as physical pain, emotional distress, additional medical bills, or loss of income.
If your medical malpractice lawyer in Knoxville is able to prove these elements, then you may have a valid lawsuit to pursue.
In conclusion, while surgical procedures always carry some level of risk, patients have the right to expect competent and diligent care from their medical providers. When that trust is broken due to negligence or errors, it can lead to devastating consequences. If you or a loved one has suffered harm from a surgical mistake, it is important to seek legal guidance promptly. A skilled medical malpractice lawyer in Knoxville can help you understand your rights, gather evidence, and pursue the compensation you deserve. Holding negligent medical professionals accountable seeks justice for your suffering and helps promote safer healthcare practices for all.
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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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