What You Should Do if You Become a Victim of Surgical Errors
Surgeries and operations are not without risks. We really appreciate the dedication that the medical professionals put into their work. However, they can also make mistakes. Even the simple surgical procedures put the patient at risk, especially if the surgeon becomes careless.
Surgical procedures can be performed on almost all parts of the body. Some of us need surgeries for various medical and other reasons. There are several health conditions that can only be corrected through surgeries.
But what should you do if you become a victim of a surgical error? Well, if you do become a victim of a surgical error because of medical malpractice, negligence, or any other reason that isn’t your fault, you must seek compensation.
Compensation Claim for Surgical Errors
When you become a victim of a surgical error, one of the things that you should do is to file a surgical error claim. Now, what is a surgical error claim?
A surgical error claim is a type of medical negligence claim resulting from an unsuccessful operation or from a mistake being made. The surgical error can occur during or after the surgery. If the result of your surgery leads to a health concern or an injury, you can seek compensation by filing a surgical error claim.
Here’s a list of some errors that can happen during a surgery:
- Leaving a surgical device or equipment inside the patient’s body.
- Failing to finish the surgery
- Performing the wrong type of surgery on a patient or body part
- Causing injuries to other body parts that are not related to the surgery
- Causing an infection after the surgery
- Nerve damage
Every patient has the right to seek compensation if an error is made. The compensation you can receive from a surgical error claim is often in the form of a financial settlement which will help cover the damages and medical expenses caused by the error.
Filing A Surgical Error Claim
Claiming compensation from a surgical error can be really complicated, especially if you’ve got no knowledge about the process. This is why it’s important that you take advantage of free legal consultations offered by medical malpractice attorney in San Antonio.
It’s also worth noting that most patients who have become a victim of surgical errors are quickly offered a financial settlement by the hospital’s insurance company. Now, insurance companies will try to settle these cases for as little as possible.
If you don’t want this to happen to you after becoming a victim of a surgical error, you should consult a medical malpractice attorney immediately. This is because if you don’t, you could end up accepting a financial settlement that is far less than what you really deserve.
Another important thing to remember is that the statute of limitations for medical malpractice claims in San Antonio, Texas is only two years. If you file your claim after two years, you’ll lose your right to seek compensation.
Your medical malpractice attorney will help you file your claim within the time limit. You can also work with your attorney to gather evidence about the surgical error. Gathering as much evidence as you can is incredibly important, as it’ll help improve your chances of winning the case in court. Evidence can include anything that might be related to the surgery, like doctor’s notes, admission records, and other documents.
While it’s true that you can file a surgical error claim on your own, the complexity and bureaucracy of the matter can be too much for you to handle. This is especially true if you’ve got no knowledge about the relevant laws or the legal processes. Therefore, it’s best to let a professional assist you to increase your chances of winning the case and to maximize the amount of compensation you receive.
What Kind Of Compensation Can You Claim After A Surgical Error?
The compensation you can receive from a surgical error claim usually depends on the severity of the resulting injury or damage to the patient. But you can also seek compensation for the following damages:
- General damages – This refers to the pain and suffering that the patient has experienced as a result of the surgical error.
- Care claims – This will cover the cost of a nurse or a caregiver who assisted you around the house while you were recovering from the surgical error.
- Loss of earnings – This will cover the loss of profit that the surgical error caused you because you’re unable to work.
- Medical expenses – This will cover all the medical expenses that you incurred because of the surgical error.
To Sum It Up
All medical professionals are required to do their best, especially when performing a medical procedure on a patient. Patients also expect that they’ll be in good hands and be treated with professionalism once they go to a hospital. However, if you are injured during a surgical procedure, it’s important that you seek legal representation immediately. You’ve got the right to seek compensation that you deserve, but that is only possible if you present your case well. Keep the above points in mind and take the help of a legal professional. You’ll definitely get the compensation that you deserve.