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When health care providers make surgical errors and injure a patient, the patient or their family may be able to file a surgical malpractice lawsuit. Learn about the different types of medical mistakes doctors make during surgery and how to take legal action if you or a loved one was harmed by a negligent medical professional.
Why Take Legal Action?
By filing a medical malpractice lawsuit, you can pursue financial compensation and justice from those who caused you or a loved one harm.
Results Secured
Surgical medical malpractice occurs when a medical provider’s negligent actions fail to meet the standard of care and cause injury to a patient. The standard of care refers to the knowledge and skill one would expect other physicians to use under similar circumstances.
Any member of a surgical team can be responsible for surgical malpractice.
This includes:
Our team connects victims of surgical errors with top medical attorneys across the country. Contact one of our case managers right now to get started with a free case review.
Surgical medical malpractice can happen in different ways. While some errors may cause minor injuries, others may result in lifelong injuries — and in some cases, death.
Common types of surgical errors include:
Sometimes surgery doesn’t go as planned. However, surgeons should have the training and skills to adjust as needed.
If you’re not sure whether you have a valid medical malpractice claim, reach out to one of our caring and compassionate case managers to learn more about the options available to you.
Our case managers can answer your questions and connect you to an attorney.
Chat NowIf you have suffered an injury due to a surgical error, here are some steps you can take to see whether you may be eligible to file a surgical malpractice lawsuit.
First, reach out to an attorney who has experience in this area of the law. Surgical malpractice lawyers have the expertise needed to handle complicated medical malpractice cases and recover maximum compensation for those affected by surgical negligence.
LawFirm.com can help you connect with a top surgical malpractice lawyer near you. Contact us right now for a free case evaluation.
An attorney may review your medical records to see if you’re eligible to file a medical negligence lawsuit. If you’re considering taking legal action, it’s a good idea to collect your medical records and related documents and keep them in a safe place. An attorney can also gather medical records on your behalf and use those documents to help prove surgery malpractice.
Once your lawyer has determined your eligibility, they will explain the process of filing a surgical errors lawsuit. Surgery malpractice lawyers can prepare and file paperwork before any deadlines, gather and preserve evidence, handle communications with the opposing side, and negotiate a surgical malpractice settlement on your behalf.
There are two main types of surgery malpractice lawsuits:
To be eligible for filing a surgeon malpractice lawsuit, your attorney must establish these three elements:
Every state has its own statute of limitations, or deadline, for filing medical malpractice claims. In most states, the statute of limitations is 1-3 years from the date on which the patient discovered the error. This time limit is often shorter for wrongful death claims.
The best way to ensure that your claim is filed in time is to work with an experienced surgical malpractice lawyer. They can determine when the statute of limitations started running in your case and file your lawsuit before the clock runs out.
Contact one of our team members at LawFirm.com right now and get started with a free case review.
Your lawyer must present robust evidence to prove surgical errors medical malpractice.
This evidence may include:
A medical malpractice attorney can collect this and other evidence to help prove your case.
If your medical malpractice lawsuit is successful, you will receive monetary compensation from the hospital and/or medical staff responsible for your injuries.
This may include money for:
Almost all medical malpractice cases — 93%, according to the U.S. Department of Justice — settle out of court. And it’s not unusual for these cases to result in settlements of $1 million or more.
The average settlement for a medical malpractice lawsuit is about $425,000, according to medical reporter Medscape.
In 2020, the median jury award for medical malpractice was nearly $1.3 million, and the average award was more than $1.8 million, according to data published by Insurance Information Institute.
Your potential settlement or verdict could be more or less depending on the severity of your injury, the surgeon’s medical mistake, and the state where you live.
Some states have malpractice damage caps, or limits, to how much you can recover from medical malpractice lawsuits.
An experienced medical malpractice attorney will know about any limits in your state and work to get you as much money as possible under the law. If they can’t resolve your case through a settlement, they will fight for you in court.
Finding an attorney to handle a surgical malpractice case can be daunting, especially since there’s so much on the line.
Here’s a list of traits to look for when seeking an attorney to help with your case:
Every surgical malpractice attorney in the LawFirm.com network has these important traits. Additionally, they understand the emotional devastation that often comes with these lawsuits and will fight for every dollar that you and your family deserve.
Call our caring and compassionate case managers now at (888) 726-9160 for a free consultation.
Many different errors can be considered surgical malpractice.
Some common surgical malpractice examples include:
Yes, you may be able to file a surgical malpractice lawsuit if a mistake occurs during surgery. To be successful, your lawyer will need to show that the health care professional failed to follow the standard of care and that their negligence caused you harm.
Yes, you may be able to file a surgery complications lawsuit if your surgical team made surgical errors that caused you to suffer an injury. A medical malpractice attorney can help you prove your case and hold the negligent health care providers accountable.
If a doctor makes a mistake in surgery, make sure you take care of your health and get proper medical treatment. Next, ask an experienced surgical malpractice lawyer for legal advice and find out if you’re eligible to pursue justice and compensation through a surgical error lawsuit.
Our team at LawFirm.com can help you connect with top medical malpractice attorneys. Call (888) 726-9160 or fill out our online form to get started.
Written by: LawFirm.com
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If you or someone you love has suffered an injury as a result of someone else’s negligence, please complete our form for a free case review. You may be eligible for compensation.
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