Medical Malpractice Claims: Surgical Errors Versus Surgical Complications В В Anyone undergoing surgery is made aware of the potential risks and complications that can arise during or after the procedure.In determining if you may have a medical malpractice claim, it is important to distinguish between these possible complications from surgery and surgical mistakes.To determine if you may have a medical malpractice claim as a result of a surgical mistake, it is important to look at 4 specific factors.The first part is that a duty of care was owed to the patient.When undergoing surgery a patient is owed a duty of care.The medical professionals must act in a reasonable manner and perform their duties in a reasonable manner.Secondly, the plaintiff must show that the duty of care was breached.In case of a surgical mistake, if the plaintiff can prove that an error was made in most cases they can show the breach of duty.Thirdly, the plaintiff must show that the breach caused an injury.Lastly, the plaintiff must show that the injury resulted in damages.
Some surgical mistakes clearly satisfy the above.For example, if a surgeon or a surgical nurse leave an instrument or other material inside the patient which later causes complications, generally it is easy to show that the mistake was a breach of duty which caused an injury that can be compensated for.Other surgical mistakes would require the expert advice and counsel of an experienced attorney.For example, if a mistake in suturing resulted in an unanticipated scar, an attorney would need to show that this in fact was a mistake and a breach of duty rather than an anticipated complication that is not actionable.
It is important to have qualified attorneys review your situation to determine if in fact an action can be brought against the medical professionals involved.
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If you are facing complex legal issues, such as in cases involving medical malpractice that resulted in personal injury or wrongful death, the advice of experienced lawyers in critical in protecting your rights.
Orignal From: Medical Malpractice Claims: Surgical Errors Versus Surgical Complications В В
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