Medical Malpractice Lawyer
When medical care or treatment results in any form of harm to the patient, it is possible that it is a result of medical malpractice. As a medical malpractice lawyer from Hall-Justice can explain, medical malpractice describes errors that were a result of negligent practices that caused harm to the patient, however intentional or unintended they appear to be.
The Role of a Medical Malpractice Lawyer
In the context of civil lawsuits, a medical malpractice lawyer functions to determine and prove liability on behalf of the person who allegedly behaved negligently, subsequently causing said injuries, damages, or even loss of life.
Through a thorough and methodical examination of the facts that led to a specific malpractice scenario, evidence, and witness testimony, the malpractice lawyer serves their clients to help them through a difficult situation. Their end goal being to obtain an award of financial compensation for damages sustained as a result of negligent behaviors of the suspected responsible party. Personal injury lawyers that specialize in medical malpractice claims classify themselves as so because they have experiences in representing clients who face serious situations involving physical and emotional harm.
Many surgical errors go far beyond the inherent and accepted risks of surgery, commonly involving external factors such as human error and gross negligence. Errors are classified as such because they are usually preventable. Upon admittance to surgery, patients typically are asked to sign a form stating that they understand and accept the known risks, “informed consent”. When errors happen outside of the informed consent agreement, malpractice may be a contributing factor.
Common Causes of Surgical Errors
Given the complexity of external factors that can lead to an error being made in surgery, the underlying causes can be widely various. Common reasons for surgical errors include the following:
Incompetence: In some cases, surgeons are perfectly competent in other types of surgery but are inexperienced in the procedure where the error occurred. Simply stated, they entered surgery knowing that they lacked the skill to reach a successful completion.
Preoperative Planning Deficiencies: It is of the utmost importance that a surgeon, nurses, and assistants are thoroughly prepared for the operation. When there are deficiencies in preoperative planning, errors happen and patients are harmed.
Insufficient Work Process: Shortcuts taken during an operation or surgical procedure can result in costly errors. Neglecting to make appropriate and well-informed decisions can have serious consequences.
Communication Deficiencies: Communication errors result in surgical errors in several ways. For example, when there is a miscommunication regarding the patient’s medications there is a higher likelihood of an error being made when administering anesthesia.
Fatigue – Surgeons are often pushed to their own limits, being required to work egregiously long shifts. Surgeons are only human, and can become fatigued and tired just anyone else, compromising their ability to function at an optimal level of performance.
When to Act?
There are precedents known statute of limitations that dictate a frame of time in which a complaint can be filed, varying by state. Consult with a medical malpractice lawyer as soon as possible after the incident to discuss the details of your situation and determine whether the claim is still valid.