Surgical Errors: What to Do If You’re a Victim
Surgery is an event that often comes with a mix of emotions—hope for recovery, anxiety about the procedure, and trust in the hands of medical professionals. But what happens when that trust is broken? Surgical errors, unfortunately, can and do occur, leaving patients in pain, overwhelmed, and uncertain about their next steps.
This blog explores what surgical errors are, the steps you should take if you are a victim, and the legal avenues available to protect your rights. For residents of Roanoke, Virginia, it also highlights how working with an experienced medical malpractice lawyer can make all the difference when seeking justice and fair compensation.
Understanding Surgical Errors and Their Impact
Surgical errors are preventable mistakes made during a surgical procedure. These errors can range from minor oversights to critical mistakes that result in severe health complications or even death. The impact of these errors goes beyond physical harm—it often includes emotional trauma, financial strain, and years of ongoing medical care.
For victims of surgical errors, understanding what went wrong and how to address the situation is crucial. It’s not just about accountability—it’s about ensuring that you, as a patient, are equipped to recover and protect your future.
Common Types of Surgical Errors
While surgical teams aim to adhere to the standard of care, errors still happen. Some of the most common types of surgical mistakes include operating on the wrong site, performing the wrong procedure, leaving surgical instruments inside the patient, anesthesia errors, and failing to accurately identify anatomy or landmarks.
Each of these mistakes can have life-altering consequences. For instance, foreign objects left in the body during a procedure can lead to severe infections. Meanwhile, wrong-site surgeries can result in further corrective procedures, leaving the patient grappling with physical and emotional repercussions.
Being aware of these types of errors can empower you as a patient to recognize the signs of negligence and seek appropriate remedies.
Immediate Steps to Take After a Surgical Error
If you suspect that you are a victim of a surgical error, acting quickly is essential. The first step is to ensure your safety and address any pressing complications. Depending on the severity of the situation, this could mean seeking immediate treatment at a different facility or requesting an independent review of your surgical outcomes.
It’s also essential to voice your concerns with the healthcare provider involved. While having this conversation may feel intimidating, documenting their response can provide clarity and help establish whether or not your concerns are being taken seriously.
Remember, these initial steps are critical for both your health and your ability to pursue legal remedies later.
Seeking Medical Attention and Documenting the Error
Your health and safety should always be the priority. When complications arise, seek medical attention immediately to prevent further harm. If you are comfortable with continuing to treat with your surgeon, you certainly are able to do so. You also have the option of choosing an impartial medical professional to evaluate your condition, which can help ensure an unbiased assessment of what went wrong during the surgery.
Documentation is equally important. Keep copies of all medical records related to your procedure, along with any correspondence with your healthcare providers. Photographs of physical injuries, detailed notes about your recovery process, and a written account of the events leading up to and following the surgery can strengthen your case if legal action becomes necessary.
Understanding Your Legal Rights in Virginia
Patients in Virginia have legal rights that protect them from medical negligence, including surgical errors. Under Virginia law, you may be entitled to file a medical malpractice claim if you can prove that the healthcare provider failed to meet the established standard of care, causing you harm.
However, it’s important to note that Virginia imposes strict deadlines for filing medical malpractice lawsuits. Known as the statute of limitations, you typically have two years from the date of the surgical error to file your claim—though there are some exceptions to this rule. Consulting with an attorney as soon as possible can help ensure you meet these legal deadlines.
Hiring a Medical Malpractice Lawyer in Roanoke, Virginia
Navigating a medical malpractice case is a complex process that requires legal expertise, particularly in cases involving surgical errors. For those in Roanoke, Virginia, working with a skilled local medical malpractice lawyer can provide the guidance and support needed to hold negligent parties accountable.
A lawyer can help you determine whether you have a valid claim, gather evidence to support your case, and negotiate with insurance companies to secure the compensation you deserve. With an attorney in your corner, you’ll be better equipped to focus on your recovery while they handle the legal complexities on your behalf.
Building a Strong Medical Malpractice Case
Building a strong case begins with clearly establishing that medical negligence occurred. This typically involves consulting with medical experts who can provide testimony about the standard of care expected during your procedure and how the error deviated from this standard.
Your lawyer will also gather evidence, such as your medical records, witness statements, and documentation of your physical and financial harm, to build a compelling case. Whether through settlement negotiations or courtroom litigation, having a strong case ensures that you’re in the best possible position to secure justice.
Compensation and Damages You May Be Entitled To
If your surgical error claim is successful, you may be entitled to several types of compensation. These damages often include reimbursement for medical expenses, lost wages, and pain and suffering.
Virginia law does, however, impose a cap on the amount of damages that can be awarded in medical malpractice cases. For cases related to malpractice that occurred between Jully 1, 2023 and June 30, 2024, this cap is set at $2.6 million and applies to the total damages awarded to the victim.
Your lawyer will help you understand how these laws apply to your case and ensure that you receive the maximum compensation possible under Virginia’s statutes.
FAQs About Surgical Errors and Malpractice Claims
What is the most common cause of surgical errors?
The most common causes of surgical errors include communication breakdowns, inadequate preoperative planning, and fatigue among the surgical team.
How long does a surgical error lawsuit take?
The timeline for resolving a surgical error lawsuit can vary widely, depending on the complexity of the case and whether a settlement is reached or the case goes to trial.
Do I need to prove intent to file a medical malpractice claim?
No. Medical malpractice claims are based on negligence, not intent. You only need to prove that the healthcare provider failed to deliver care that a reasonably prudent health care provider would have provided.
Taking Action and Finding Support
Surgical errors can be devastating, but you don’t have to face the aftermath alone. By seeking medical attention, documenting the error, and consulting with an experienced medical malpractice lawyer, you can take control of your situation and work toward a resolution that protects your health and your future.
If you or a loved one has been affected by a surgical error in Roanoke, Virginia, the legal team at Strickland, Diviney & Segura is here to help. Call us at (540) 982-7787 to schedule a consultation and take the first step toward justice today.
