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Surgical errors can occur due to medical negligence

On Behalf of | Oct 22, 2024 | Surgical Errors

Well-trained and highly experienced surgeons rarely make mistakes when operating on patients. However, surgical errors, when they do occur, can be a significant concern, as they can cause patients to suffer harm. Common surgical errors include:

  • Leaving surgical instruments inside the patient’s body cavity.
  • Performing surgery on the wrong part of the body.
  • Administering the wrong dosage of anesthesia.
  • Accidentally cutting a nerve or causing nerve damage.
  • Performing an unnecessary surgery.
  • Performing a surgery on the wrong patient.

Victims who have suffered an injury due to a surgical error may have the option of filing a medical malpractice claim. In New Jersey, you have two years from the date the injury was discovered or reasonably could be expected to discover the injury, to file your claim.

You may file a claim against your surgeon, any other medical professional who treated you, and the hospital where you were treated. Generally, hospitals are held vicariously liable for their employees’ negligence under the legal theory of respondeat superior.

A medical malpractice claim is made up of several elements, including:

  • Doctor-patient relationship: You must establish that your surgeon owed you, as the patient, a duty of care.
  • Breach of duty: Your claim should be based on whether your surgeon breached the standard of care owed to you as a patient. Standard of care is generally established by considering what a reasonable doctor with the same specialty would do in similar circumstances.
  • Causation: The surgeon’s breach of duty must also have caused you harm you would not have otherwise experienced.
  • Damages: You must prove that you suffered injuries.

If you suffered harm due to a surgical error, it may be beneficial to sue for damages. You may recover damages to cover your medical expenses and lost wages, as well as your pain and suffering.

 

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