Chicago Surgical Error Lawyer
The trust we instill in a physician and his or her medical team is beyond comparison when we undergo a surgical procedure when we literally place our lives in their hands.
While there is never a guarantee in any successful medical procedure, when physicians adhere to trusted technique, the incidence of medical errors – including surgical mistakes – can be significantly reduced.
Rosenfeld Injury Lawyers LLC is an established Chicago medical malpractice law firm that is ready to prosecute preventable surgical error cases involving a serious injury or death of someone you love to the fullest extent of the law in Illinois.
With our years of experience, our Chicago surgical error lawyers have helped clients get compensation for an injury to their loved one.
Lawyers for Victims of Surgical MalpracticeIf you have been injured by a health care provider mistake, you can file a medical malpractice claim to seek compensation for your damages.
Our Chicago medical malpractice attorneys regularly work with medical experts on medical malpractice cases and nursing home neglect lawsuits.
All of our surgical malpractice cases are handled on a contingency fee basis where there is only a fee charged when we are successful in obtaining a recovery for you. If we do not get you a settlement our services are free.
Call us today for a free consultation.
Medical Practitioners Deviation from Good Surgical Care
Surgeons are not responsible for all surgical procedure complications or “bad outcomes.”
However, surgeons are responsible for common surgical errors in the operating room when their negligence results in permanent disability and death.
Many surgical errors or body injury cases are considered to be “deviations from the standard of care” when the physician fails to act reasonably.
Types of Surgical Errors Leading to Medical Malpractice ClaimsOur experienced Chicago, Illinois surgical error attorneys can help make sense of your situation and distinguish between mistakes that are unavoidable and those that are the result of improper surgical care.
The following types of surgical error merit further investigation and might be attributable to surgical malpractice and can result in injury or even death of the patient.
- Organs cut or punctured that were not involved in the surgery, such a bowel perforation
- Fractured bones with unknown origin
- Surgeons operating on the wrong body part
- Nerve damage during surgery
- Surgical instruments left in the body
- Anesthesiologist errors (anesthesia error) leading to a permanent brain injury
- Burns of unknown origin
- Accidental hemorrhage caused by lacerations and injury to surrounding tissues
- Severe post surgical infection
Surgical Errors That Simply Should Not HappenUnfortunately, some federal healthcare regulators consider medical negligence errors as “never events”, meaning that they make mistakes that should never happen yet they do.
Wrong patient and wrong-site surgeries are not just an urban legend. A misdiagnosis followed by an unnecessary surgical procedure could create catastrophic results.
A University of Colorado study revealed the cause of such events. The researchers looked at twenty-five wrong patients and 107 wrong-site surgeries.
The study concluded the following were the causes of the misplaced surgeries:
- Judgment. The medical team's judgment was involved in 85% of the wrong site surgeries
- Communication. Poor communication was cited as a cause of the error in 100% of the wrong patient cases.
- Diagnosis. The diagnosis was listed as one of the causes of the medical mistake in over half of the wrong patient surgeries.
Surgical Errors Considered to Be 'Never Events'
Other “never events” include leaving a foreign object inside of a patient and performing the wrong procedure.
In a John Hopkins Medicine study of “never events," researchers looking at malpractice claims found that at least 80,000 of these so-called "never events" happened between over two decades in the United States.
According to the study, each week in America, an average of 39 objects are left inside patients, 20 surgeries are performed on the wrong person and 20 more surgeries are performed on the wrong site.
With so many “never events” happening every day in surgery, it can only be speculated on how many other medical errors are made as well during the course of a patient’s preoperative and post-surgical care.
Chicago Surgical Error Injuries FAQs
What Happens if a Surgery Goes Wrong?
Any surgery can be dangerous. Unfortunately, surgical errors are not realized until after the procedure is underway or completed when it becomes apparent that the medical team was working on the wrong patient, at the wrong site, implanting the wrong device, or performing the wrong surgery.
Statistics show that anesthesiologists cause the most fatal surgical errors in America's operating rooms.
In some cases, the patient was given too much anesthesia during surgery (anesthesia errors) and awakened in horrible pain or suffering brain damage due to a lack of oxygen.
Other times, the patient was given too little anesthesia causing them to wake up during the surgical procedure.
What to Do If a Doctor Makes a Mistake During Surgery?
Every victim of medical negligence has a legal right to file a civil lawsuit seeking compensation for their damages.
In many cases, the doctor or medical team is at fault for the unnecessary injury or wrongful death and can be held legally and financially accountable.
An attorney working on your behalf can file all the necessary paperwork and represent you during a negotiated settlement or proving your case in front of a judge and jury.
What Is Surgical Negligence?
Any mistake caused by the negligent action of the surgeon, anesthesiologist, medical team, or hospital could be recognized as legal surgical error negligence.
Common cases claiming surgical negligence often involve surgical procedures where organs are damaged, nerve damage, improper sterilization, surgical instruments left inside the body, amputation of the wrong limb, surgically -related organ damage, and others.
Can Doctors Go to Jail for Medical Mistakes?
No. Medical malpractice cases are handled through civil courts and are not part of the criminal process,, unless it can be proven that the doctor intentionally caused harm to his or her patient.
Victims of medical malpractice and surviving family members who lost a loved one through a wrongful death can file a civil lawsuit seeking compensation from the doctor, medical team, or hospital, not jail time.
How Do You Avoid Surgery Mistakes?
Communication is a key component to avoiding a surgical error involving the wrong patient, wrong surgical site, and improper sterilization. Before undergoing your surgical procedure, check out the hospital facilities, and talk to your doctor.
Let family, friends, and the medical team know why you are undergoing the surgery, and make sure that your physician has initialed your surgical site.
The surgeon will speak with you before undergoing surgery when you can confirm the site with him or her of the exact location where the procedure will be performed.
If possible, have an advocate on your side before the procedure who will also speak with the surgeon and operating team to discuss the procedure on your behalf.
What surgeries are associated with the highest rate of complications?
While any medical procedure can result in complications, the following procedures have higher than normal rates of complications and are considered to be the riskiest surgeries according to Healthcare Business & Technology.
- Surgical Ventricular Restoration
- Spinal Osteomyelitis Surgery
- Coronary Revascularization
- Bladder Cystectomy
- Thoracic Aortic Dissection Repair
- Septal Myotomy
- Bariatric surgeries/Gastric Bypass
Experienced Chicago Chicago Medical Malpractice Lawyer Helping Victims of Surgical Errors
When surgical errors result in the death of a loved one, family member, or spouse, we will pursue a wrongful death lawsuit to recover compensation under the Illinois Wrongful Death Act.
Our personal injury lawyers offer a free consultation for all medical malpractice victims to advise you on your legal options regarding a possible surgical error lawsuit.
Please contact our medical malpractice attorneys at (888) 424-5757 (toll-free phone number) to schedule a free case evaluation.
Our Chicago, IL law offices will handle your medical malpractice lawsuit on a contingency fee arrangement. This agreement ensures that our personal injury attorneys’ fee-only charges only if there is a recovery for you.
All discussions you have with our Chicago, IL medical malpractice lawyers will remain confidential through an attorney-client relationship.
We currently represent clients in the following localities: Cook County, DuPage County, Kane County, Lake County, Will County, Peoria County, Naperville, and other cities in Chicagoland.
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