Surgical errors are common before, during, and after surgery, resulting in significant injuries and death. When a surgical error happens, it does not necessarily mean the surgeon is liable. However, if you want to recover damages after a mistake, you must prove that the person was negligent. It is the responsibility of every medical provider to protect their patients. Therefore, if this right has been violated and a surgical error has happened, it is essential to work with a South Carolina medical malpractice lawyer to know how to navigate the case. Here are crucial things you should know about surgical errors and medical malpractices.
What is a Surgical Error, and Who Is Responsible?
A surgical error is a mistake made during a procedure that leads to injuries or death. Therefore, surgeons must follow protocol, get training, and carry out the procedure based on the care standards set. Some of these procedures are complex, and a patient may die even if no error occurs. So, when is it considered negligence, and who is responsible?
In many cases, the doctor is liable for the errors that happen. However, you can also sue other parties, like the hospital, if it did not take due process to scrutinize the surgeon’s qualifications before hiring them to the hospital. You can also sue the hospital if they know about previous negligence cases of the same doctor. Another time the hospital will be liable is if the doctor is an independent employee.
Common Causes of Surgical Errors
Mistakes occur during surgery, but everything has a cause. Here are common causes of surgical errors.
- Incompetence
Some surgeons lack the proper training and competence to make the right decisions and perform surgery. So, lack of training and experience may lead to surgical errors that may lead to medical malpractice lawsuits.
- Lack of Information
Before surgery, a doctor must have all the information concerning the patient’s condition. The surgeon may fail to talk to surgical staff or overlook the patient’s medical history and others. Failure to get this information can lead to costly mistakes like operating on the wrong part and giving the wrong medication.
- Fatigue
Surgeons work for long shifts, especially when the procedures are complicated or the hospital is understaffed. Therefore, a tired doctor may use shortcuts, make wrong decisions, or miss certain complications. So, lack of sleep and rest could cause complications that may lead to medical malpractice.
- Working under the Influence
Some surgeons may use alcohol or drugs to cope with the stress of working or stay alert during surgery. Therefore, working while under the influence could lead to surgical errors.
- Lack of Post-Op Care
It is essential to understand that surgery does not end after the procedure. It also involves monitoring the patient and identifying any signs of complication. If the hospital misses some symptoms or lacks to administer the proper post-op treatment, an error can happen.
Are All Surgical Errors Considered Malpractice?
Not all surgical errors are due to negligence. However, it is essential to evaluate the situation and seek compensation. A surgical error is not considered negligence if there was no harm caused or the surgeon maintained medical standards set.
Key Takeaways
It is important to seek compensation if you or your loved one has been injured or died because of a surgical error. So, seek help from a medical malpractice lawyer to get justice.
