Does Your Injury Warrant A Surgical Malpractice Case?

Hampton & King has helped many families receive rightful compensation for medical negligence. Your surgical malpractice case can be next. 

When it comes to healthcare, we all want what’s on top. Top notch medical facilities, the best health insurance, and the cream of the crop when it comes to medical professionals who care for us. But imagine the horror when you seek out the best surgeon and are left with an injury. And a surgical malpractice case. 

This was the reality for many surgical patients in Manchester. The highly regarded star surgeon, Yvon Baribeau, had more than just fame under his belt. He had surgical malpractice cases, injuries, and even wrongful deaths attached to his reputation. 

One patient, a retired army officer, suffered a lacerated blood vessel by Baribeau. The patient lost so much blood because of Baribeau’s negligence, she died the next day. Hers is one of many surgical malpractice cases filed against the “star surgeon.” 

Does this story hit close to home? Are you the victim of surgical negligence? Hampton & King can help you navigate a surgical malpractice case. If a surgeon was responsible for your injuries, we can help you get compensation. Don’t delay! Contact us today to understand your rights and your options.  

Patient unconscious in hospital bed.

What Is Surgical Malpractice?

Surgical malpractice is one of the most occurring types of malpractices. While medical errors exist in all areas of healthcare, errors in surgery may just be the most frightening. 

So what exactly is surgical malpractice? When a surgeon (or surgical team) acts negligently while caring for a patient, it is considered surgical malpractice. 

Let’s say you go in for an invasive surgery. But you come out with an injury that should never have occurred. And would never have occurred under other circumstances and under the care of a different surgeon. That’s when you may have a surgical malpractice case. 

Common Errors That Warrant A Surgical Malpractice Case

According to recent research, more than 4,000 surgical errors occur each year. These are errors that should never happen. But they do happen because a surgeon was negligent while providing care. 

Here are some of the most common type of surgical errors:

Wrong Site Surgery

A wrong site surgery is exactly what it sounds like. It is when a surgeon operates on the wrong location of the body. We’ve heard the stories, haven’t we? A man goes in for surgery of the right leg, gets his left leg amputated instead. A patient needed corrective eye surgery, surgeon operated on the wrong eye.

Unfortunately, as absurd as it sounds, wrong site surgeries do occur. 

Incorrect Patient

It’s true. Sometimes, a surgeon may perform on an incorrect patient. A Massachusetts surgeon at St. Vincent Hospital, for example, removed a kidney from the wrong patient

Incorrect Surgery

An incorrect surgery is one that the patient has no need for, or one that isn’t performed correctly. Either away, the patient is left with pain while recovering from an operation that did nothing for their underlying disease.

Error While Performing Surgery

Okay let’s say, the surgeon’s got everything correct. The patient is the right one. The correct surgery was performed. The correct location was operated on. But during the surgery, negligent errors can occur that can cause injury. 

These include:

Patient's vital signs during surgery.

Filing Your Surgical Malpractice Case 

When you’re able to put the pieces together that something went wrong during surgery, you need to speak to a lawyer. If you’re certain a surgeon acted negligently during your procedure, and left you with an injury, you have a surgical malpractice case. An experienced attorney can help you navigate a malpractice case and lead you on the path to compensation. 

Although your work gets easier after finding the right legal team, it doesn’t end. There are certain measures you must take before pursuing a lawsuit:

  1. Prove that your surgeon failed to provide you with adequate care. Look at it like this: if another surgeon had performed your surgery, would your injury even exist?
  2. Be able to show in your surgical malpractice case that it was neglect that caused your injury. 
  3. File your surgical malpractice case within a reasonable time. For the state of Texas, the statute of limitations is 2 years. 

It’s important to hold surgeons accountable for their neglect. Nobody should go into surgery and come out with more injuries than before. Contact Hampton & King to discuss your surgical malpractice case.