A surgical mistake can cause problems that range from pain and suffering to permanent disability and death. With the addition of financial losses and emotional distress, the tragic situation can devastate an entire family. If you or a loved one has suffered a serious injury or complication during or shortly following surgery, contact New Jersey’s premiere medical malpractice firm, Garces, Grabler & LeBrocq.
A study in the Journal of the American Medical Association (JAMA) indicated that more than 30% of medical malpractice claims involved surgery. Serious mistakes may be made by any member of the surgical team, including the anesthesiologist, surgical technicians, and nurses. While the kinds of mistakes are too numerous to list, some of the most common surgical errors are:
o Operating on or removing the wrong body part
o Leaving a surgical device, such as a sponge or an instrument, in a patient’s body
o Causing injuries because of poor surgical technique
There have even been cases in which a procedure was performed perfectly—on the wrong patient.
In a surgical malpractice case, a malpractice attorney must prove that the defendant surgeon’s negligence caused actual harm to the patient. To do this, a proper standard of care must first be established—usually through a testimony of expert witnesses—to show what a reasonably skilled surgeon or surgical team would have done in similar circumstances. The malpractice attorney must then show how the defendant’s failure to meet that standard caused the injury.
A surgical error might not always be as apparent as removing the wrong leg or leaving a surgical instrument inside the patient. It can involve complications arising from the surgeon’s failure to exercise reasonable care during or immediately after the surgery. The issue in a malpractice case may be whether an injury or complication could have been avoided if the practitioner had exercised due care and diligence. And, even if a surgeon informs you before surgery that a certain complication might occur, it does not rule out the possibility that negligence played a role if that complication did occur.
Founded in 1991, Garces, Grabler & LeBrocq is a full-service, diversified, and multi-lingual law firm that represents clients in New Jersey, New York, and Pennsylvania. We provide aggressive legal representation with proven results to surgical injury victims.
Our New Jersey medical malpractice firms serve all NJ communities including Mercer, Monmouth, Middlesex, Essex, and Union Counties.
Call us today at 1-800-923-3456, or fill out our online contact form to speak with a surgical injury and medical malpractice attorney today.