Surgery malpractice can be simply defined as an act of negligence by a surgeon. This includes problems during the surgery which result from their negligence, issues with inadequate or negligent follow up care. errors in prescribing, or administering medication, among others.
Surgery malpractice cases are usually sought by those who have been injured or harmed because of poor surgical treatment from their surgeon. Typically, the measure of whether the surgeon was negligent, or failed to provide the appropriate care, turns on whether that patient would’ve received the same standard or quality of care from another surgeon under similar circumstances. Victims of surgery malpractice might be entitled to compensation for both the current and the future lost wages, the current and future treatment and medical bills as a result of the medical errors, and also emotional damages like pain and suffering. With that said, we are going to discuss five things to do if you experience malpractice by your surgeon;
1. Filing a Complaint
Filing a complaint against the surgeon with your particular state’s medical board is normally the 1st step in bringing a disciplinary action against the surgeon. Although the procedures vary from state to state, when the medical board receives the complaints against the surgeons, it enters them into their system. The medical board then reviews the complaints or can refer them to a different agency if needed. Unfortunately, a single complaint might not lead to formal discipline against that offending surgeon. However, if the board receives numerous complaints against the same surgeon, they’ll have a good reason to start a formal investigation.
2. Request Your Medical Records
When you experience a surgeon malpractice, you need to gather a complete set of all your medical records, including the radiology reports, the notes from your doctor, and any other reports from 3rd party medical professionals whom you have visited.
3. Know Exactly How Long You’ve Got to File a Claim
When deciding whether or not to file a surgery malpractice claim, it’s important to find out exactly how much time you’ve got to legally bring that claim. All of the civil claims, including surgery malpractice cases, have a time limit as to when they need to be filed. The limits are known as the statutes of limitations, and they require you to file the claim within a specific time period from the time the injury occurred. You need to check your state laws to make sure that the time period for filing the claim has not run out.
4. Document Your Injury
If you’re suffering from pain, reduced vision, loss of mobility, or any other kind of harm or injury as a result of surgery malpractice, then you’ll want to document it accordingly and also consider a surgery malpractice lawsuit. The amount of compensation one can win at the trial usually depends on the extent of the injuries. It’s helpful to document all of the injuries soonest possible after the surgery.
5. Contact an Attorney
If you suspect that you’ve a surgery malpractice claim, you need to talk to an attorney who specializes in similar cases. Because of the complexities involved, the sooner you contact a lawyer, the more beneficial it’ll be to your case. Remember, your lawyer will need to check your medical records, work with various other professionals so as to determine the severity of consequences of your new health issues, and more.