Having to visit a doctor or hospital for surgery is stressful even in the best of circumstances. Even when providers perform their jobs to the best of their ability, there is always a risk of complications or side effects. However, the chances of this increase significantly when a doctor makes a surgical error. A botched procedure can cause new medical problems or worsen an existing condition. In many cases, these injuries are the product of medical malpractice.
A Chardon surgical error lawyer could help you pursue legal action that demands compensation for your losses connected to a doctor’s malpractice. The skilled attorneys at our firm could work to explain this legal concept, gather evidence of poor care, hire the necessary expert witnesses, and demand appropriate compensation through insurance settlements and lawsuits.
All medical malpractice cases must show that a healthcare provider acted in a way that violated their duty of care to a patient. In short, providers must act like a reasonably skilled peer would under the same circumstances with a similar patient. Whether a doctor failed in this obligation is ultimately a question for a jury. However, a few common examples of surgical errors may fit this definition.
One prominent example is a surgical site error involving a surgeon performing a procedure on the incorrect body part. Other examples include botched procedures or cases where a procedure was unnecessary. A Chardon surgical error attorney could provide more information about common scenarios that could lead to a malpractice claim.
Proving medical malpractice always requires the help of a qualified expert. This expert can examine the records in the case and provide their opinion on how a doctor failed to provide adequate care under the legal definition of medical malpractice.
Surgical errors can have a profound impact on a patient’s life. At the minimum, a victim may need additional medical care to correct an original issue or fix the surgeon’s error. A medical malpractice case can always demand payment for additional treatment costs.
However, these events can have an even greater impact on a person’s life. A victim may experience emotional traumas and reduced quality of life due to the incident. These losses are referred to as non-economic damages. Ohio Revised Code § 2323.43 places a cap on these damages at $250,000 or three times a person’s economic damages. A local attorney could help place a value on a case and hold negligent doctors accountable for the harm caused by a surgical error.
Surgical errors are prominent and severe examples of medical malpractice. If an error resulted from substandard medical care, the doctor and their insurance company might be liable for your losses. This often includes physical injuries, lost wages, and emotional traumas.
Even so, collecting these payments can be a complicated legal matter. You will need to work with an expert who can evaluate the defendants’ actions. A Chardon surgical error lawyer could help to locate and hire these experts. Reach out to Tittle & Perlmuter today to discuss your case and get the legal guidance you need.