Ask a Surgical Error Lawyer: How Do You Prove the Surgeon Was Negligent?
No matter how minor or extensive the procedure, receiving surgery can make even the calmest person feel like a bundle of nerves. When you have surgery, you are placing your health in the hands of your surgeon. Unfortunately, not all surgeons deserve your trust, and even excellent surgeons can make mistakes. If you were injured due to a surgeon’s mistake, you need to contact a surgical error lawyer in Baltimore.
Ask a Surgical Error Lawyer: How Do You Prove the Surgeon Was Negligent?
While it’s tempting to think of surgeons as infallible, they’re human, which means they are as susceptible to making a mistake as anyone. However, a surgical mistake can have devastating repercussions since there is little room for error during invasive procedures. As a result, it is common for surgical mistakes to result in lifelong issues for the patient that may negatively affect their quality of life. In severe cases, surgical errors can cause the wrongful death of a patient.
Despite the severity of many medical errors, proving the surgeon was negligent can be a rough road. To file a successful lawsuit, you’ll want to work with a surgical error lawyer in Baltimore. Medical law is complicated, and many regulations serve to protect the doctor over the patient. When you work with an attorney, they will prove that your situation has all the necessary elements to be considered medical negligence.
Elements Required For a Medical Negligence Lawsuit
Just because your surgery didn’t have the results you’d hoped for, or an accident occurred during it, doesn’t mean negligence was involved. These four elements must be present for you to win your lawsuit:
The Defendant Owed You a Duty of Care
The first thing you must be able to prove in a medical negligence case is that the defendant (the person you are suing) had a duty to provide you with a baseline level of care. This duty of care exists because you have a patient-doctor relationship with the defendant. In cases where a surgical error occurred, this element is simple to prove since the fact that a surgeon was operating on you implies a patient-doctor relationship and a duty of care.
The Defendant Breached That Duty
The duty of care is the standard level of medical care that any reasonable and competent doctor would have performed. The second element that must be proven in a negligence case is that the surgeon breached or deviated from the expected standard of care.
In layperson’s terms, the surgeon did something outside the scope of reasonable behavior for a medical professional. In order to prove this, your lawyer will likely have expert witnesses explain why your surgeon’s error constitutes negligence.
The Breach Is the Reason for Your Injury
The next element you must prove is that the negligent act caused your injury. An example would be if a surgeon left a piece of medical equipment inside your abdomen, and the item damaged your organs. In this situation, you would not have suffered injuries to your internal organs if the surgeon had not left a medical instrument inside you.
Finally, you will have to prove that your injuries came from the negligent act and were not preexisting conditions. An experienced surgical lawyer in Baltimore will be able to help you collect medical documentation and expert testimonies that demonstrate how the surgeon’s error is the cause of your injury.
You Suffered Actual Harm
Lastly, you must be able to prove that you suffered damage, be it physical, emotional, or financial, due to the surgeon’s error. In surgical mistake lawsuits, some commonly claimed damages include the following:
- The cost of the medical care required to fix the error
- The cost of future procedures and therapies that would not have been necessary if not for the error
- Lost wages if you were forced to miss work or the injury will impact your earning potential in the future
- Pain and suffering
Evidence in a Surgical Error Case
Your lawyer will work with you to gather evidence supporting the presence of the elements mentioned above. Without solid evidence supporting your claims, you will have difficulty collecting the compensation you deserve for your injury. Typical evidence seen in medical negligence cases includes:
- Medical records
- Names of healthcare providers
- Medical bills
- The patient’s injury journal
- Wage statements
- Photos and videos of the injury
Let a Surgical Error Lawyer in Baltimore Handle Your Case
Find out more about seeking compensation for injuries you received due to medical negligence by contacting an attorney. Proving the validity of your case may take a bit of investigation, so you’ll want to find a lawyer who can give your lawsuit the time it deserves.
Patients shouldn’t be held responsible for medical bills accrued due to their surgeon’s negligence. Instead, healthcare providers who fail to live up to the expected duty of care should be held accountable for the harm they cause.
If you believe a surgeon’s error has injured you, immediately contact a surgical error attorney. Find the justice you deserve for your injury and prevent medical expenses from negatively affecting your financial future.
Thank you,
Glenda, Charlie and David Cates
