Determining if a Surgical Error Constitutes Malpractice

Determining if a Surgical Error Constitutes Malpractice

Surgeries, like all medical procedures, come with risks. However, these risks can be compounded if the surgeon makes an error. If you have new or exacerbated injuries after surgery, you may be able to file a medical malpractice claim under Illinois law. To file a claim, you need to prove that the surgeon breached acceptable standards of care and caused your injury. A surgical error attorney from Salvi, Schostok & Pritchard P.C. can help you determine whether your injury was an unfortunate side effect or a result of negligent care. Contact us today for a free consultation.

When Is a Surgical Error Considered Medical Malpractice?

Surgical errors are not the same as surgical side effects. All surgeries can carry negative side effects, even when the surgeon does everything right. A surgical error occurs when the surgeon causes harm by negligently violating accepted standards of medical care while delivering medical treatment. In the context of surgery, this could mean performing a procedure incorrectly or leaving tools inside the surgical wound. 

What Qualifies as a Surgical Error?

Below are some of the most common examples of surgical errors we encounter in our legal practice:

  • Administering anesthesia errors
  • Causing injuries due to poor technique
  • Performing the wrong steps of a procedure
  • Failing to provide proper aftercare, often leading to infection
  • Operating on the wrong body part of the patient
  • Leaving surgical instruments and tools inside wounds

The medical field often refers to such surgical errors as “never events” – i.e., events that should never happen if surgeons and surgical teams follow proper procedures and standards of care. 

As such, the central question of surgical error cases is whether the surgeon violated accepted standards of care and caused injury. Expert testimony can prove a potent form of evidence in these cases. A medical expert in a similar field, such as another surgeon, can shed light on whether a surgeon’s actions violated accepted medical standards. 

Recoverable Damages for Surgical Errors in Chicago, Illinois

Victims of surgical errors may be able to sue the surgeon, medical facility, and other liable entities for the cost of their injuries, which could include:

  • Medical costs from new or exacerbated injuries
  • Lost work income and employment compensation
  • Reduced earning capacity due to disability
  • Miscellaneous injury expenses (transportation, childcare, etc.)
  • Pain and suffering
  • Quality-of-life reductions

Contact Our Medical Malpractice Claim Attorneys

If you suspect you have been a victim of a botched surgery, contact the attorneys from Salvi, Schostok & Pritchard P.C. We have decades of experience managing medical malpractice claims and extensive knowledge of medical malpractice laws in Illinois. We have secured over $3.5 billion for our clients. We can fight to hold negligent medical professionals accountable for the harm they have caused. Contact our offices online or call today to receive a free case consultation with a surgical error attorney in Chicago.

Partner John A. Mennie concentrates his practice at Salvi, Schostok & Pritchard PC in personal injury and medical malpractice cases. In recognition of Mr. Mennies, outstanding work in a wrongful death case, the Jury Verdict Reporter recognized him with a Trial Lawyer Excellence Award. Mr. Mennie attended Western Michigan University’s Thomas M. Cooley Law School after obtaining his bachelor’s degree in history from Queen’s University in Ontario, Canada. He is a member of the Illinois State Bar Association, Illinois Trial Lawyers Association, Lake County Bar Association, and the American Association for Justice. He is admitted to the Illinois Bar, U.S. District Court, Northern District of Illinois, and U.S. District Court, Central District of Illinois.

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