One of America's Top Ten Criminals Surgical Errors
Surgeons are tasked with some of the most dangerous and life-threatening work in the world, operating on their patients. Unfortunately, not all surgeons perform their duties with the level of diligence that’s expected and required of them. Even if the surgical error doesn’t prove fatal, it could mean a lifetime of significant and irreversible injuries. And if the error was the result of negligence, there may be a legal remedy.
Common Surgical Errors
First, consider some of the
most common surgical errors. If there is evidence of negligence on the part of
the surgeon, these are cases that likely will likely support a medical
malpractice claim. They include the following:
Unnecessary or inappropriate
surgeries
Anesthesia mistakes, such as
using too much or not being mindful of a patient’s allergies
Cutting an organ or another
part of the body by mistake
Instruments and other
foreign objects left inside patients
Infections
Pre- or postoperative
mistakes, such as failure to address complications resulting from surgery.
These and other mistakes can
kill a patient. Even if they don’t, there’s a likelihood the patient will need
dangerous emergency treatments to reverse the mistake. Surgical errors can
cause permanent problems such as paralysis, brain injury, and other serious and
life-changing complications.
Why do surgical
errors happen?
Medical malpractice cases
are built on a theory of negligence. That means, as some injured patients are
surprised to learn, not every medical error constitutes malpractice. Surgeons
are not perfect, and the law does not expect them to be. To prove any
malpractice case the injured patient must show that the mistake was
unreasonable considering the circumstances. It starts by demonstrating that the
surgeon exhibited some type of negligent act or omission, such as:
Incompetence. If the surgeon
is not properly trained, or not trained to handle the specific operation
involved, he or she is incompetent and should not perform the procedure.
Although this seems like common sense, plenty of surgeons commit malpractice
every year because they overestimate their ability to successfully handle the
operation.
Insufficient staffing.
Sometimes the mistake is due to not having enough support staff, such as
operating room nurses and others who are responsible for patient care. But
staffing mistakes can also harm the patient before or after the procedure. For
example, a nurse may be overworked and fail to check on the status of a patient
after surgery.
Fatigue. Doctors are often
overworked and don’t get the rest they need to safely perform an operation.
Surgeries require absolute focus and attention, which is lacking when the mind
and body are tired.
Drugs or alcohol. A shocking
number of surgeons are under the influence of drugs or alcohol when they perform
their procedures. This clearly is irresponsible behavior and is almost
irrefutable evidence of medical malpractice.
Lack of communication.
Errors often happen in the medical setting due to bad communication among
doctors, nurses, and other professionals. A seemingly minor error, like failing
to fully document a patient’s allergies, can have disastrous consequences on
the operating table. Mistakes like these are frequently due to negligence.
Prescription medication
errors. Patients often must take prescription medications leading up to or
after their surgeries. Often these medications are necessary to prevent
infections after the operation. But prescription drugs always carry the risk
that a patient will be injured.
And the list of possible
causes goes on. When filing a claim for medical malpractice, it’s important to
understand why the mistakes occurred in the first place. Proving these and
other circumstances will be necessary to assert that malpractice was the
ultimate cause of the error.
If you’ve been injured by a
negligent surgical procedure, you would be wise to seek competent legal
representation. All surgical errors are
avoidable and yet they gallop out of control in the American healthcare
delivery system.
Jan Ricks Jennings, MHA,
LFACHE
724.733.0509 Office
412.913.0636 Cell
August,2021
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