Can You Sue For Surgery Complications?

You did it. You bravely went under the knife. Now you’re hoping the risk will pay off, granting you better health than ever! But what if the opposite happens? Something went wrong during the procedure, and now you’re worse off than you were before. Can you sue for surgery complications?

Every surgery, no matter how small, carries some measure of risk. But a negligent doctor can skyrocket that risk to the heavens. If you’ve suffered surgery complications because of a preventable error, you may be able to file a malpractice claim. Read on to find out when and how you can sue for surgery complications. You can also contact Hampton & King with any questions, risk-free and with no obligations. 

Read on to learn if you can sue for surgery complications. 

When Can You Sue For Surgery Complications?

Here’s what needs to happen in order to sue for surgery complications:

  • A preventable mistake took place during the surgery.
  • The error breached the “standard of care”. This means that the surgeon did something any competent professional in that position wouldn’t do. 
  • You suffered a significant injury or loss because of the mistake.

When you file a claim, you have the burden of showing what the standard of care for that specific surgery was. You also have to prove that the surgeon deviated from it. Sounds like a tall order, right? At this point, you’re probably wishing you had studied medicine. Or if you did study medicine, that you had focused on a different field. 

Let us ease your mind. When we say “you have the burden”, we don’t mean you have to understand all the medical jargon (and how it applies to the law) backwards and forwards. That’s a job for your legal team!

Your lawyers won’t have a stack of medical degrees either. But they have access to medical experts who do. And those experts can provide testimony to support your case. This is essential to building your case and getting justice (and compensation) for what happened to you. They can also answer if you can sue for surgery complications. 

Surgery Complications Due To Malpractice

Negligence in the operating theater is a serious matter. Mere seconds can change a person’s lifetime. Here are some of the most common surgical errors involved in malpractice cases:

  • No informed consent. Before you undertake the risks of surgery, you have to sign a document that says you’re aware of them. Your doctor has the obligation to explain what could go wrong and offer alternative treatments, if there are any. When you say “yes”, it’s called informed consent. 
  • Leaving objects inside a patient. A surgeon uses many instruments during a surgery. (Think sponges, clamps, forceps, curettes, etc.) But none of those belong inside a patient’s body after the fact. 
  • Operating on the wrong area. Imagine an amputee finding out that his surgeon removed the wrong leg. These cases are rare. But when they do happen, they turn over millions in damages for victims. 
  • Unnecessary surgery. A surgeon might perform an operation on the wrong patient because someone mixed up their files. Or the doctor might misdiagnose a patient and perform unnecessary surgery. 
  • Anesthesia mistakes. Anesthesia is helpful when it’s just the right amount. But too much can create unwanted side effects, or even injure the brain. Too little can leave a patient with pain, or suffering through horrific memories of surgery
  • Substandard Performance. The surgeon wasn’t up to par while performing the surgery. Or, they stepped out of line altogether. Take the doctor who carved his initials in his patient’s abdomen for example. 
Informed consent is necessary before undergoing surgery.

How Can You Sue For Surgery Complications?

Was your life turned upside down because of surgery negligence? If so, you’re probably wondering what your options are. Can you sue for surgery complications? You have loads of medical bills piling up like dirty dishes on a Saturday. Who should pay them? The surgeon? The hospital? Their insurance? One thing is clear: it shouldn’t be you. 

You can sue for surgery complications and get your past and future expenses taken care of. But the idea of suing probably doesn’t have you ready to break out your old high school pom poms and start cheering. You don’t have the time, the energy, or the money. 

Here’s some good news. You won’t need any of those things. What you do need is a malpractice lawyer. Your lawyer shouldn’t charge you unless you win. So there’s no risk of falling further into debt. 

Your lawyer will also supply the time, energy, and know-how. Knowledge and experience is important for complicated surgery malpractice cases. So be sure to pick an attorney who has handled cases similar to yours. Do you have further questions about whether you can sue for surgery complications? Contact us here. We’re available and ready to help 24/7!