Surgery malpractice is medical malpractice before, during, or after surgery. When you undergo an operation, you are entrusting your body to the hands of your surgeon and other medical professionals. Any surgery is intricate and fraught with risk, but when the surgeon, anesthesiologist, nurse, or hospital's negligence causes injury and harm during your procedure, they may be liable for medical malpractice. Whether you wake up from surgery and immediately know something is wrong or learn there was an error or mistake, contact a surgery malpractice lawyer immediately to learn about your rights and options.
Common Types of Surgical Malpractice
By their very nature, surgeries are complex and risky, some more so than others. It is important to remember that not all complications that arise or mistakes that happen are surgical malpractice. However, we often see several types of surgical negligence, like:
- Wrong-site surgery;
- Inserting a defective or recalled medical device;
- Wrong procedure;
- Foreign objects left behind in the patient;
- Anesthesia errors;
- Medication errors;
- Failure to recognize and treat post-operative complications and infections;
- Missed, delayed, or incorrect diagnosis;
- Misinterpretation of diagnostic imaging such as MRIs, CT scans, and X-rays; and
- Failing to recognize an adverse reaction.
Many factors can influence the likelihood of surgical malpractice, including the type of surgery, the health of the patient, pre-existing medical conditions, and known risks. Malpractice can happen because of inadequate training, lack of supervision (e.g., the chief surgeon's lack of supervision over residents), failure to verify patient's history and allergies, failure to call timeouts in the operating room, and more. Sometimes, a combination of factors can lead to surgical negligence and errors. No matter the case, you may be entitled to compensation for the harm you endured and continue to suffer.
How a Surgery Malpractice Attorney Can Help Prove Surgical Negligence
Proving medical malpractice is typically challenging, but establishing a surgical negligence case can be extraordinarily difficult because victims are unconscious at the time of the malpractice. Uncovering what occurred can make recognizing, diagnosing, and treating the harm challenging. For instance, it may not be until days, weeks, or months later, when the patient is experiencing ongoing pain and other difficulties, that they seek medical help and learn a surgical error may have occurred.
Procedurally, proving a surgical negligence malpractice case is much like proving any medical malpractice lawsuit.
As the injured plaintiff, you must show:
- The surgeon or other medical professional owed you a reasonable duty of care that another doctor under similar circumstances would exhibit,
- The doctor breached the duty of care,
- You suffered an injury due to that breach of duty, and
- You suffered damages due to your injury.
You must prove the physician's negligence caused your injury and financial loss. Determining precisely what transpired and who might be responsible for the negligence is challenging. A surgery malpractice attorney can guide and assist you from the inception of your case to a settlement or trial.
Damages Available in a Surgical Malpractice Case
If your case is successful, you can typically seek two compensatory damages: economic and noneconomic.
Economic damages include:
- Medical bills,
- Anticipated medical expenses,
- Past and future lost wages,
- Home or vehicle modifications, and
- Rehabilitation.
Economic damages for surgery malpractice can be substantial, especially if your injury requires extensive medical care.
Noneconomic damages include:
- Pain and suffering,
- Loss of enjoyment of life,
- Mental anguish, and
- Emotional distress.
Noneconomic damages can also be substantial and depend primarily on the specific individual and how the harm from the surgery malpractice negatively affects their life.
Occasionally, a plaintiff may be awarded punitive damages for a defendant's gross negligence or egregious actions. Unlike economic and noneconomic damages intended to compensate the malpractice victim, punitive damages punish the defendant and deter others from engaging in similar behavior.
Statute of Limitations for a Surgical Malpractice Claim
In New Jersey, the statute of limitations for filing a medical malpractice lawsuit, including surgical negligence, is two years from the date of injury or when the malpractice is or reasonably should have been discovered. However, several exceptions might apply that will toll or pause the clock or shorten the window of time you have for filing your lawsuit. For example, if the injured plaintiff is a minor child, they will generally have two years from their 18th birthday to initiate their case unless the injury occurred at birth, which they will have until their 13th birthday. Because of the intricacies of the medical malpractice statute of limitations, it is best to speak with an experienced attorney as soon as possible.
Required Affidavit
In New Jersey, the plaintiff in a medical malpractice claim must supply an affidavit of lack of care within 60 days of the defendant filing their answer. The affidavit must be executed by a medical professional who can attest to the reasonable possibility that medical malpractice occurred. Failing to do so can result in the dismissal of your complaint. Our surgical malpractice attorneys can help you obtain the necessary affidavit.
How Our New Jersey Surgical Malpractice Lawyers Can Help
Medical malpractice, especially surgical malpractice, is intricate and highly complex. Our surgical malpractice lawyers will handle every aspect of the case to ensure you receive the justice and compensation you deserve.
At O'Connor, Parsons, Lane & Noble, we are frequently featured in the New Jersey Law Journal for our firm's success in medical malpractice verdicts and settlements. Let us put our expertise and experience to work for you. Contact us today for a no-cost, no-obligation consultation.
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