Providing Comprehensive Legal Care Since 1988
Chicago Lawyer for Surgical Errors
What Are Common Surgical Errors That Lead to Legal Claims?
Surgical errors occur when a medical professional deviates from the standard of care, resulting in harm to the patient. These errors can lead to legal claims when negligence is evident. Here are common surgical errors that often result in lawsuits:
Wrong-site surgery: Operating on the incorrect part of the body, such as the wrong limb or organ.
Wrong procedure: Performing an entirely different surgery than what was intended or agreed upon.
Leaving instruments inside the body: Forgetting surgical tools like sponges or clamps inside a patient, causing severe complications.
Anesthesia errors: Administering too much or too little anesthesia, leading to pain, distress, or life-threatening complications.
Nerve damage: Accidentally cutting or injuring nerves during surgery, causing permanent impairment or loss of function.
Infections caused by unsanitary conditions: Failing to maintain a sterile environment during surgery, leading to post-operative infections.
Organ perforation: Accidentally puncturing internal organs, resulting in severe complications or the need for additional surgeries.
Failure to address surgical complications: Ignoring or mishandling unexpected complications during the procedure, leading to further harm.
How Can I Prove Negligence in a Surgical Error Case?
Proving negligence in a surgical error case requires demonstrating that the healthcare provider’s actions deviated from the accepted standard of care and caused harm. Here are the key elements to establish negligence:
Duty of Care
The surgeon or healthcare provider owed you a legal duty of care, which involves performing the procedure with the skill and caution expected of a competent professional in their field.
Breach of Duty
The provider failed to meet the standard of care, such as making an error during surgery, operating on the wrong site, or using unsanitary equipment.
Causation
You must prove that the surgical error directly caused your injury or worsened your condition. This often involves medical records, expert testimony, or evidence linking the error to the harm.
Damages
Document the harm you suffered as a result of the negligence, including medical expenses, lost wages, pain and suffering, and any long-term health complications.
Expert Testimony
In most cases, an expert witness is necessary to compare the provider’s actions to standard practices and explain how the error constituted negligence.
What Role Do Post-Surgery Complications Play in a Legal Claim?
Post-surgery complications can significantly strengthen a legal claim if they result from a surgeon’s negligence, such as infections due to unsanitary conditions or organ damage from improper techniques. Victims in Chicago can seek compensation for additional medical expenses, pain, and long-term health impacts caused by these errors. Demonstrating causation between the complication and the provider’s actions is essential for a successful case.
Do Consent Forms Prevent Me from Filing a Surgical Error Lawsuit?
Signing a consent form does not prevent you from filing a surgical error lawsuit if negligence occurred. Consent forms acknowledge risks but do not excuse errors like wrong-site surgeries or leaving instruments inside the body. Victims can pursue claims if a surgeon’s actions deviate from accepted medical standards, causing harm beyond the outlined risks.
Contact a Surgical Error Lawyer in Chicago, IL
If you’ve suffered harm due to a surgical mistake, legal help is essential to protect your rights and pursue compensation. The Law Offices of John A. Culver specializes in surgical error cases in Chicago, IL, and is committed to helping victims hold negligent healthcare providers accountable.
Call us today at (773) 370-0273 to schedule your consultation.