Who is Liable for Injuries During Surgery?
We turn to medical professionals to help us protect and restore our health, and if you need surgery, you put your trust in your surgical team. If you are injured as a result of medical malpractice, liability may lie with the surgeon, with another member of the surgical team, or with the medical facility itself. Claims like yours are legally complex, but our experienced medical malpractice attorneys at Fanelli, Evans & Patel in Sunbury are here to help.
When the Surgeon or Surgical Team Is Liable
There are known risks associated with surgery, so not every adverse outcome is a matter of medical malpractice. However, when negligence is the cause, it can support a medical malpractice claim. In the surgical setting, there are many forms of negligence by the surgeon or surgical team that can lead to serious losses.
Improper Incisions
Making precise incisions is critical to successful surgeries. When a surgeon makes an incision in the wrong place, nicks a nearby organ or tissue inadvertently, or damages nerves because of sloppy work, it can lead to very serious health concerns.
A Breakdown in Communications
Surgery is a team effort, and maintaining clear communication among all team members is key. Negative surgical outcomes are often the result of a breakdown in communication rather than a single error by a single team member.
Inadequate Postoperative Care
Surgical care does not stop when the surgery is completed. Without adequate postoperative monitoring, patients face considerable risk. Failing to notice the signs of related health concerns can prove exceptionally dangerous. This extends to releasing patients from the hospital or facility before it’s advisable to do so, or to failing to provide them with the information and instructions they need before discharge.
Never Events
Some surgical errors are so dangerous and so outside the realm of what’s acceptable that they are called never events, including all the following:
- Operating on the wrong body part or on the wrong side of the body
- Leaving a sponge or a surgical tool in the body
- Performing the wrong surgery
- Operating on the wrong patient
Errors on the Part of the Anesthetist
Anesthesia plays a critical role in surgeries, and related errors can have dire consequences. Administering either too much or too little anesthesia is a concern. So too is ignoring the patient’s overall health, preexisting conditions, and relevant allergies. Failing to monitor the patient’s reaction to anesthesia regarding breathing, heart rate, and oxygen levels throughout the surgery can lead to devastating results.
The Hospital’s Liability
Hospitals also bear considerable responsibility for surgical outcomes. This includes all the following:
- Hiring qualified surgeons and staff
- Maintaining proper facilities and equipment
- Implementing all necessary safety requirements
Consult with Our Malpractice Lawyers Today
Our medical malpractice attorneys at Fanelli, Evans & Patel have an imposing track record for successfully guiding even the most challenging surgical claims toward optimal outcomes. We care about you and your claim. Contact us online or call 570-286-6500 today.