Surgical malpractice is one of the leading bases for medical negligence claims against American healthcare providers every year. The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) reported in 2003 that it received between five and eight reports of “wrong surgery” (wrong patient, wrong procedure, or wrong site) every month.
The American Academy of Orthopedic Surgeons estimates that an orthopedic surgeon’s chance of performing a wrong-site surgery during a 35-year career is 25%. An article in the Journal of the American Medical Association (JAMA) reported that approximately 12,000 deaths occur each year due to unnecessary surgery.
If you or a loved one experienced a surgical error that you believe was preventable, keep reading to learn how our experienced malpractice attorneys can help with your claim.
Why Choose Hampton & King To Handle Your Surgical Error Claim?
Surgical errors are often catastrophic for patients, affecting their internal organs, worsening their health conditions, or putting them at risk of long-term complications. To add insult to injury, hospitals and their insurers often fight these claims tooth and nail. You deserve top-tier legal representation to help you even the playing field and get the compensation you deserve.
Clients across Houston, Texas, choose Hampton & King because we offer:
- 70+ years of combined experience handling surgical error cases
- An exclusive focus on medical malpractice cases
- A track record that includes millions recovered for injured patients
- Access to respected medical experts who can strengthen your case
- Selectivity about the cases we take on so we can offer personalized representation and resources
- Contingency fee representation, meaning you pay nothing unless we recover compensation
Call us today to schedule a free consultation with a Houston surgical error attorney. We’re standing by to stand up for you.
How A Houston Surgical Error Attorney Can Help You
Surgical error cases require specialized procedures and highly technical evidence. They also require expert testimony to establish how the surgeon or facility failed to provide proper care.
A Houston surgical error attorney will handle all aspects of your case and show how your surgical error constituted medical malpractice.
Depending on the facts of your case, your lawyer may:
- Obtain and analyze operative reports, nursing notes, and post-operative records
- Consult qualified medical experts to determine whether the standard of care was violated
- Identify all potentially responsible parties, including surgeons, anesthesiologists, and facilities
- Calculate the full value of your damages, including future care needs
- Handle all communications with hospital risk departments and insurers
- File the required pre-suit notices and expert reports under Texas medical malpractice rules
- Negotiate aggressively for a fair settlement
- Prepare the case for trial if the defense refuses to pay appropriate compensation
Hiring an experienced Houston medical malpractice attorney early on can significantly improve your chances of recovering full compensation.
Surgical Error Cases We Help With
Our medical malpractice legal team has represented the victims of surgery errors from all procedures, including:
- Laminectomy
- Gastric bypass
- Circumcision
- Mastectomy
- Hysterectomy/hysteroscopy
- Hip replacement
- Appendectomy
- Skin grafts
- …And more.
For more than 70 collective years, Hampton & King has been providing sound legal advice and effective representation for people who have been injured or experienced complications resulting from surgical mistakes.
From a minor post-surgical infection to laparoscopic surgery accidents to anesthesia complications, our medical malpractice lawyers know how to handle a comprehensive range of cases.
If you have experienced injury from a surgical procedure, we can help determine whether you have a viable surgical malpractice claim. Call (713) 658-0231.
Examples of Medical Malpractice in Surgery
Our medical malpractice attorneys recover damages for people injured due to:
- Incision errors
- Post-operative peritonitis
- Retained foreign body
- Operation technique issues
- Perioperative hemorrhage
- Operated on the wrong side
- Operated on the wrong body part
- Wrong procedure
- Wrong patient
- Post-operative infections and debridement
We also provide representation for patients who endured a post-operative infection leading to sepsis and septic shock.
What Types of Compensation Can I Recover in a Houston Surgical Error Case?
Texas law allows injured patients to seek compensation for economic and non-economic losses caused by a surgical error. Together, these should compensate you for all financial and personal losses related to the event.
Depending on the circumstances, recoverable damages may include:
- Past and future medical expenses
- Costs of corrective procedures or revision surgeries
- Rehabilitation and physical therapy
- Long-term care needs
- Lost income and reduced earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Physical impairment or disfigurement
In fatal cases, surviving family members may also pursue wrongful death damages for funeral expenses, loss of support, loss of companionship, and other losses.
Texas caps non-economic damages in most medical malpractice claims. However, there is no cap on economic damages, which often represent the largest portion of a medical malpractice award.
Who Could Be Liable for My Surgical Error?
Liability in a surgical negligence case is not always limited to the operating surgeon. In many cases, multiple parties may share liability for your injury.
Potentially liable parties may include:
- The primary surgeon who performed the procedure
- Assistant surgeons or surgical residents
- The anesthesiologist or nurse anesthetist
- Operating room nurses or staff
- The hospital or surgical center
- A medical practice that employed the provider
Importantly, you can seek damages from every party that contributed to the incident. That’s why identifying every responsible party is critical to maximizing available insurance coverage.
How Long Do I Have to File a Medical Malpractice Claim in Texas?
In most cases, Texas has a two-year statute of limitations for medical malpractice claims, including surgical error cases. The clock typically begins running on the date of the negligent act or the end of the relevant course of treatment. In some cases, it starts on the date you discovered the injury (if later than the surgical procedure).
If you suspect a surgical mistake caused serious harm, you should speak with an attorney as soon as possible to protect your rights and comply with all filing deadlines.
Trust Our Experience for Your Surgical Lawsuit
Hampton & King uses a network of medical experts and other professionals to develop a strong case for trial. The registered nurse consultant on our staff is a Certified Practitioner in Healthcare Quality and has extensive experience in clinical care, hospital administration, and risk management. She coordinates the efforts of medical expert consultants to analyze our clients’ claims and develop a strong case.
We take surgical malpractice cases very seriously. Whether your claim involves unnecessary orthopedic surgery, wrong-site surgery, or post-surgery medication errors, our Houston trial lawyers can help you seek compensation. We work strictly on a contingent-fee basis and advance all of the investigation, case development, and court costs. If we don’t win, you don’t pay a single fee.
What do you have to lose? Contact our Houston medical malpractice law firm today.