At Tittle & Perlmuter, our Cleveland surgical error attorneys are skilled, experienced, and compassionate advocates for patients. A mistake before, during, or after surgery can cause catastrophic, even life-threatening medical complications. We fight to hold negligent surgeons and negligent healthcare providers accountable. Contact us today at our Cleveland law office for a free, no-obligation consultation with a top Ohio medical malpractice lawyer.
The Most Common Surgical Errors
Surgery is a big deal. Even a seemingly “routine” surgery carries its risks. A study cited by the National Library of Medicine estimates that approximately 50 million surgeries are performed in the United States each year. It is imperative that doctors, surgeons, hospitals, and specialty clinics ensure that all operations are performed properly. High skill and extreme care is a must. Sadly, surgical errors remain a serious issue. Some of the most common surgical mistakes include:
- Wrong-site Surgery: An error that should never happen, a wrong-site surgery involves operating on the wrong part of the body or the incorrect patient. Most often, it is due to miscommunication or inadequate pre-surgical planning.
- Foreign Objects Left in Patient: Surgical instruments like sponges, needles, or tools can be accidentally left inside a patient’s body. Retained surgical objects can cause infections, pain, and other serious, even life-threatening complications.
- Anesthesia Errors: Anesthesia is powerful. Incorrect dosage or improper administration of anesthesia can lead to severe patient harm, including brain damage. A negligent anesthesiologist can be held liable for a mistake.
- Nerve Damage: During surgery, delicate nerves can be accidentally cut or damaged, resulting in temporary or permanent loss of function and sensation. The improper use or malfunction of surgical instruments can cause nerve damage.
- Infection: Sterile environments and proper surgical techniques are critical to preventing infections. However, breaches in protocol can lead to serious infections, including sepsis. Notably, sepsis can be a life-threatening medical complication.
An Overview of Medical Malpractice Liability in Ohio
A bad outcome during surgery is not automatically medical malpractice in Ohio. The reality is that all operations carry some inherent risks. With that being said, a patient—or their family—may have a medical malpractice claim if a bad outcome in surgery happened because of an avoidable error. To hold a surgeon, hospital, or any professional/provider liable for malpractice in Cleveland, you must prove all of the following four elements:
- A valid doctor-patient relationship was formed
- The surgery deviated from the standard of care (error)
- The surgery mistake caused your medical complications
- You suffered actual harm due to the surgery error
Compensation for a Surgical Error Complications in Cleveland
Were you the victim of a surgical mistake in Northeast Ohio? You need compensation to pay bills and support your family. Unfortunately, medical malpractice insurers never make the claims process easy for patients and their families. Our Cleveland surgical error lawyers can help. Depending on the nature of your claim, you may be eligible to recover compensation for:
- Emergency room care
- Additional surgeries
- Other medical support
- Physical therapy costs
- Lost wages and loss of future earnings
- Pain and suffering & emotional distress
- Scarring, disfigurement, or disability
- The wrongful death of a family member
In Ohio, non-economic medical malpractice compensation is capped by law. There is a $250,000 cap on non-economic damages. The cap can be extended to up to three times the value of your economic losses, subject to a $350,000 overall non-economic damages cap for each claimant, and $500,000 per incident. However, there is no cap on non-economic damages for a catastrophic or permanent injury.
Why Trust Our Cleveland Surgery Errors Attorneys
Medical malpractice cases are complicated—especially those involving allegations of a surgical error. At Tittle & Perlmuter, we have the legal expertise needed to handle the types of claims. We encourage you to review our client testimonials, our case results, and to reach out to us directly for a free initial consultation. Our Cleveland medical malpractice attorneys are prepared to:
- Hear your story and answer legal questions
- Investigate the surgical error
- Consult with qualified expert witnesses
- Represent you in settlement negotiations
- Take legal action to fight for justice
Surgical Mistakes in Cleveland: Frequently Asked Questions (FAQs)
When is a Surgical Error Medical Malpractice in Ohio?
You must prove negligence. A surgical error in Ohio qualifies as medical malpractice when it breaches the standard of care expected under similar circumstances and the patient suffers harm. If a competent surgeon would have acted differently, you may have a viable malpractice claim.
Who Can Be Held Liable for a Mistake During Surgery?
To start, the surgeon performing the operation can be held liable if their actions deviate from accepted medical practices or if negligence is evident. Next, the hospital or medical facility may also be liable under the doctrine of “corporate negligence” or if they failed in their duty to ensure adequate staffing and supervision. Finally, anesthesiologists, nurses, or other medical personnel involved in the surgery can also be held responsible if their negligence contributed to the error.
Contact Our Cleveland Surgical Errors Lawyer Today
At Tittle & Perlmuter, our Cleveland surgical mistake attorney is standing by, ready to protect your legal rights. Were you or your loved one harmed because of a surgical mistake? Our team can help.
Contact us now for your free, no-strings-attached case review. From our office in Cleveland, we represent patients in surgical error malpractice claims throughout Northeast Ohio.
