DC Surgical Error Attorney

Surgical Errors

Washington D.C. Surgical Errors Attorneys

When you have surgery, you have a right to expect that your surgeon, and the rest of the surgical team, have the skills and expertise to perform the surgery safely and to suggest the best options for you in terms of the surgical approach for your condition. Unfortunately, even if your surgeon is highly skilled, negligent surgical mistakes can, and do, occur.

Did you recently suffer a negligent surgical mistake? Did that mistake leave you with ongoing medical problems? If so, you have a right to hold your surgeon and the hospital accountable for that error.

At Bertram & Murphy, we see too many preventable surgical mistakes. They are among the most devastating types of medical malpractice cases we litigate. We understand the unique challenges you face and the breach of trust you feel. We can help you seek the compensation you entitled to under the law to try to pay for your care and other losses.

To learn more about how a Washington, D.C. surgical errors lawyer can help you, contact us today by phone or online. We will schedule a free consultation.

Why You Need Our D.C. Surgical Errors Lawyers

Are you considering a surgical malpractice lawsuit? It’s essential to choose a lawyer with experience in this field. Surgical malpractice is a complex area of law. More and more these surgeries are done with complex medical equipment including special robots and lasers. You need an attorney who can thoroughly review your medical records and retain experts who have direct experience in the proper use and proper training that surgeons have to have to use these complex robotic, laser-guided and/or laparoscopic systems safely. You need a lawyer who can hire the expert witnesses to understand your case. You may also need a biomedical engineer or hospital systems expert. You need an attorney who can skillfully negotiate a settlement ─ or try the case in court, if necessary.

Victims of surgical mistakes choose Bertram & Murphy for these reasons:

  • Decades of Experience – With more than 30 years of experience in the field, our legal team can handle even the most complex surgical malpractice cases. We have tried cases in the past 3 years involving negligence during minimally invasive spine surgery. We have settled cases involving harm to patients when laparoscopic surgery was done negligently and when lasers and other medical equipment were improperly used, causing serious harm. We understand the law that applies, and we have top experts who understand these cases and where errors can occur. Our experts know how to examine the medical evidence to determine if the surgeon’s error was the cause of harm or whether the wrong equipment was used. We know how to push for discovery when faced with hospitals and insurance companies that want to avoid producing audit logs and information about equipment failures and prior surgical errors and complication rates.
  • Proven Results – We’ve secured some of the highest medical malpractice verdicts in the Washington, D.C. area. We understand that your quality of life might have been permanently altered due to a surgical mistake. We don’t take that lightly. Our goal is to secure full and fair compensation for you. So you can hopefully move on with your life and focus on your recovery.
  • Medical Review Team – After the initial consultation, our in-house medical review team will carefully study your file. The nurse, biomedical engineer and surgeons we have on retainers will help us determine whether your surgical malpractice claim is a valid one. Filing a lawsuit is a major decision, and we’ll provide you with the information you need to feel confident about the choice you make.

What Makes a Surgical Error Medical Malpractice?

While your surgery may not have been successful, that doesn’t necessarily mean negligence was involved. In some cases, an unfortunate surgical outcome is out of the doctor’s control.

When medical malpractice occurs, the “standard of care” has been violated. The “standard of care” refers to the national guidelines that should have been followed in the selection of the best surgical approach for you, the discussion you have with the surgeon about the options, risks and benefits of each approach so you can make the best decision for you, and the use of the complex equipment in the operating room.

A surgical error constitutes medical malpractice when these requirements are present:

  • The surgeon or others involved in the performance of your surgery failed to meet the standard of care.
  • The surgeon’s failure to meet the standard of care was a cause of your harm.

Under one scenario, if a surgery goes wrong but the patient is ultimately not harmed, then a surgical malpractice case may not be pursued. Under another scenario, if the patient was harmed during surgery, but the standard of care was met, a valid case of medical malpractice likely would not exist.

This is why careful reviews of the records and other medical evidence by experienced surgical experts is so important for these types of cases. A medical expert is a third party who can review the facts of your case and determine if the national standard of care was violated. If the medical expert finds negligence, he or she can testify on your behalf.

Common Types of Negligent Medical Errors During Surgery

Examples of some of the most common surgical mistakes include:

  • “Nicking” an organ, tissue, or nerves
  • Leaving sponges or surgical instruments inside the patient’s body
  • Operating on the wrong limb or wrong part of the body, or even on the wrong patient
  • Performing the wrong procedure
  • Administering too much or too little anesthesia
  • Using the complex medical equipment wrong due to lack of training
  • Defective equipment or instruments, including robots, lasers and laparoscopic equipment

If you suffered a negligent surgical mistake such as these or others, you might be entitled to financial compensation. To learn more about how a Washington, D.C. surgical errors lawyer can help you, contact us today. We can schedule a free consultation with our team.

Injuries That Result from Surgical Errors in Washington, D.C.

A few examples of common injuries that result from surgical errors include:

  • Organ perforation
  • Hypoxia (lack of oxygen, often due to anesthesia mistakes)
  • Infection
  • Nerve damage
  • Massive blood loss

Potentially Liable Parties in Surgical Errors Lawsuits

In surgical malpractice cases, you might believe that only the surgeon is liable for the harm you suffered. However, other parties may be included as defendants as well.

When a patient undergoes surgery, an entire medical team participates in the operation. The team can include nurses, physician’s assistants, surgical residents, anesthesiologists, nurse anesthetists, and other medical staff. If someone other than the surgeon acted negligently during your surgery, that medical professional might also be partially responsible.

If the negligence was due to faulty equipment or inadequate hospital facilities, a lawsuit might also be filed against the hospital or manufacturer of the defective equipment, for example. Your attorney can conduct a thorough investigation to identify all liable parties.

Compensation for Victims of Surgical Errors in D.C.

Financial compensation for surgical errors is designed to make victims “whole” again in the eyes of the law. This means you could receive compensation for both monetary and non-monetary losses.

Financial compensation can cover pain and suffering, mental distress, and loss of quality of life, for example. These non-monetary losses are called general damages. In some states, if your spouse is also joining in your lawsuit, compensation might include loss of companionship on his or her behalf.

Special damages are monetary damages that you can easily put a specific number on. Compensation for special damages may include hospital bills, medical care, and lost income. This compensation can cover past, ongoing and future expenses related to your injuries. For example, if your ability to work in the future has been compromised, this could be part of your claim.

Our Medical Malpractice Lawyers Are Ready to Review Your Case

If you’re thinking of filing a surgical malpractice lawsuit, your next step is to speak with a legal professional. At Bertram & Murphy, we can discuss how the legal process works. We’ll also explain the types of compensation that could be part of your case.

To learn how a Washington, D.C. surgical errors lawyer can help you, contact us today and schedule a free consultation.

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