If you had a complication after having surgery, you might want to consider suing the doctor or hospital. The problem is that medical malpractice lawsuits are very complex and expensive.
Medical malpractice lawsuits are often filed against doctors who fail to diagnose or treat patients properly. They also involve hospitals that don’t provide adequate care.
In this article, we are going to discuss if you can sue for any surgery complications you may have received and the process you will need to follow.
Surgery Complication Lawsuits
Surgery is a common procedure performed every day around the world. Many times, however, there are serious complications that happen as a result of the surgery.
These complications can cause permanent damage and sometimes death. When these types of accidents occur, it is important to seek compensation for the resulting physical and emotional trauma.
In some states, there are special medical review boards that make recommendations about whether a lawsuit should be filed. These boards have different names depending on where you live:
State Health Care Review Commission (in California).
State Agency of Healthcare Administration (in New York).
Joint Commission on Accreditation of Healthcare Organizations (in most other states).
You may file a claim with the board if you believe that the doctor or hospital was negligent. However, you must first give the board time to investigate your case.
It takes several months before a decision is made. You may then choose to bring a civil lawsuit in state court.
When Can You Sue For Surgery Complications?
You must file a claim within three years of the date you discovered, or reasonably should have discovered, the injury. This deadline applies even if you do not discover the full extent of your injuries until later.
For example, if you had surgery last year and found out recently that you needed additional treatment, you still must file your claim within three years of discovering the need for further treatment.
Note that the statute of limitations does not start running again once you file a claim.
Who Is Liable For Surgery Complications? Who Is Not?
There are many parties involved in any type of surgery. The most obvious party is the physician performing the operation. However, other medical professionals may also be liable for surgical complications.
These include nurses, anesthesiologists, radiologists, pathologists, technicians, pharmacists, and others. In fact, virtually anyone who has anything to do with the care of the patient during the surgery could potentially be held responsible.
How Do I Know If A Doctor Was Negligent During My Surgery?
You cannot always know whether a doctor was negligent during your surgery. However, there are certain things you can look for when considering this possibility.
The first thing to consider is whether the doctor made mistakes during the surgery. For example, did the doctor miss some vital signs or fail to properly diagnose a problem?
If so, then you might want to contact a medical malpractice attorney to discuss your case. Your attorney can help determine if the doctor was negligent.
The second thing to consider is whether you received proper post-operative care. Did the doctor provide adequate follow-up care after the surgery? If not, then you may have grounds for a lawsuit.
What Are Some Examples Of Surgery Complications?
Complications from surgery can range from minor to life-threatening. Here are just a few examples:
Infections
An infection is one of the most common complications following surgery. It occurs when bacteria get into the body through cuts or wounds.
Bleeding
Bleeding can occur after almost any kind of surgery. It usually happens because of problems with blood vessels or internal organs.
Damage To Nerves
Nerves are very delicate parts of the human body. They carry messages between our brain and various parts of our bodies. Sometimes they get damaged during surgery.
Problems With Heart
Heart problems can occur after almost any type of surgery. They often involve clogged arteries or valve issues.
Death
Death is another common complication following surgery. It can occur due to bleeding or infections.
How Can I File A Surgeon Malpractice Claim?
To bring a successful surgeon malpractice claim, you must prove that the injury resulted from negligence on the part of the doctor. This means proving that the doctor failed to meet the standard of care required by law. Most states require doctors to adhere to the same standards of care regardless of where they practice. Therefore, if you believe that your doctor was negligent, you should consult a lawyer immediately.
A good lawyer will investigate all possible causes of the injury. He or she will try to determine what happened during the surgery and why.
Once he or she finds out about the potential causes, your lawyer will work hard to find evidence that proves that the doctor’s actions were negligent.
Your lawyer will likely need to talk to witnesses, review records, and interview other people involved in your care.
Your lawyer will also need to collect information about similar cases in order to build his or her own case against the doctor. Finally, your lawyer will file a lawsuit against the doctor on your behalf. The lawsuit will demand compensation for your injuries.
How Much Compensation Will I Receive From My Lawsuit?
This depends on many factors, including how much money the doctor had available to pay for your treatment. However, it is important to remember that even if your doctor does not have insurance, you still have rights as a patient. You can sue him or her for damages.
If you win your lawsuit, you will receive compensation for your pain and suffering, lost wages, and medical bills. If you do not win your lawsuit, you may be able to recover some of these costs through an award of attorney fees.
You may also be entitled to punitive damages if the doctor acted maliciously or intentionally harmed you.
Conclusion
Sometimes things go wrong in surgery, but if you think that these complications could have been prevented, then you can sue. There are a couple of procedures to follow, but a lawyer will help ensure you get compensation for what you have gone through.
We hope this article has answered all the questions you had on this subject!
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