New Jersey Surgical Injury Lawyers
Help for Victims of Surgical Injury & Malpractice
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.
What you need to know about surgical errors and medical malpractice
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:
- Operating on or removing the wrong body part
- Leaving a surgical device, such as a sponge or an instrument, in a patient’s body
- 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 the 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.
What to do if you are a victim of surgical injury
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.
New Jersey Surgical Malpractice Law Firm
If you or a loved one has been the victim of surgical negligence in New Jersey, you may be entitled to compensation. Surgical errors can cause serious injuries or even death, and the consequences can be devastating for families.
Medical malpractice laws are complex and proving negligence can be difficult. An experienced New Jersey surgical negligence attorney can help you navigate the legal system and fight for the compensation you deserve. If you or a loved one has been injured due to surgical negligence, contact a New Jersey surgical negligence attorney today.
Discuss Surgical Risks with Your Doctor
Before you undergo surgery, it's important to have a frank discussion with your doctor about the risks involved. Complications can occur during any type of operation, and you must understand the potential risks before going under the knife.
Your doctor should go over all the possible complications with you, as well as the likelihood of them occurring. Be sure to ask any questions you have and voice any concerns you may have. It's also important to be informed of any alternative treatments available so that you can make the best decision for your care.
Don't hesitate to talk to your doctor about the risks of surgery before making a final decision. It could be the most important conversation you have.
Clearance For Surgery After Medical Testing
Preoperative testing is an important part of the surgical process. This testing helps to clarify the medical issues that need to be addressed and serves as a way for healthcare providers to “clear” you for surgery as a good candidate. It also gives surgeons and anesthesiologists information about potential problems or issues they need to be aware of.
If preoperative testing is not performed adequately or the significance of the results is not recognized, this is a departure from the standards of care and can result in serious injuries.
Common Surgical Errors Suffered by Patients at NJ Hospitals
Surgical errors occur far too frequently in New Jersey hospitals, causing serious harm and even death to patients. These preventable mistakes cost patients and their families billions of dollars in medical expenses, lost wages, and pain and suffering.
Some of the most common surgical errors include:
- Perforating the bowel during a colonoscopy
- Lacerating the bladder during a tubal ligation
- Slashing the muscles that control the eyes during sinus surgery
- Causing nerve damage with a slip of the scalpel
These are just a few examples of the many mistakes that surgeons can make. Unfortunately, even when these errors are not life-threatening, they can still cause serious pain, suffering, and financial hardship.
If you or a loved one has been the victim of a surgical error, you may be entitled to compensation. A focused medical malpractice attorney can review your case and help you understand your legal options. Contact us today for a free consultation.
Standard Of Care and Liability for Surgical Errors
Medical professionals are not always liable for complications that occur during surgery. For a medical professional to be held liable for negligence, they must have breached the accepted standard of care and this breach must have resulted in an injury to the patient.
The accepted standard of care is what a reasonable and prudent health care provider would do in a similar situation. This standard is based on the knowledge and skills that are generally accepted by the medical community. If a health care provider deviates from this standard of care and their patient is harmed as a result, they may be held liable for medical negligence.
Many factors can contribute to surgical errors, and not all of them will result in liability for the health care provider. For example, if a complication arises due to an unforeseen circumstance, the health care provider may not be held liable. However, if the health care provider did not follow the accepted standard of care and this resulted in the complication, they may be held liable.
Contact One of Our New Jersey Surgical Malpractice Lawyers
If you or a loved one has suffered injuries as the result of surgical treatment, it is important to seek legal counsel as soon as possible. The New Jersey law firm of Garces, Grabler and LeBrocq has the knowledge needed to determine if your treatment has been performed properly and if you can file a claim for damages stemming from your injuries and related losses (lost wages/disability, costs of care, quality of life issues, etc.).
Don't delay in seeking counsel if you have been injured due to surgical treatment. The New Jersey law firm of Garces, Grabler & LeBrocq can review your case and help you determine the best course of action. Contact us today to schedule a consultation.
How much does it cost to hire a surgical malpractice lawyer?
If you or a loved one has been the victim of surgical malpractice, you may be wondering how much it will cost to hire a lawyer. The good news is that most surgical malpractice lawyers work on a contingency basis, which means they only get paid if you win your case. The contingency fee is usually a percentage of the settlement you receive, so you don't have to worry about paying any upfront costs.
Your first consultation with a surgical malpractice lawyer is free, so you can discuss the specific details of your case and find out what other costs may be involved in hiring a lawyer. If you decide to move forward with legal action, your lawyer will work hard to get you the compensation you deserve. Contact a surgical malpractice lawyer today to get started on your case.
What to do when you are injured from surgical malpractice?
If you or a loved one has been injured as the result of surgical malpractice, you may be feeling overwhelmed and unsure of what to do next.
Here are some steps you can take to ensure that you receive the compensation you deserve:
- Seek medical attention immediately – Your health and well-being should be your top priority. If you are in pain or have suffered any type of complication as a result of surgery, it is important to seek medical attention right away.
- Gather evidence – Once you have received the necessary medical care, it is important to begin gathering evidence that will support your case. This may include medical records, bills, and documentation of any lost wages.
- Find a skilled lawyer – Malpractice cases can be complex, so it is important to find a lawyer who has experience handling these types of cases. A lawyer will be able to review your case and determine if you have a valid claim.
- File a claim – Once you have gathered all the evidence and decided to move forward with a lawsuit, your lawyer will file a claim on your behalf. This claim will detail the injuries you have suffered and request compensation for damages.
- Negotiate a settlement – In many cases, the parties will be able to reach a settlement without going to trial. Your lawyer will negotiate on your behalf to try to reach a fair settlement agreement.
If you have been injured because of surgical malpractice, it is important to take action to protect your rights. By following these steps, you can ensure that you receive the compensation you deserve.
What is the average surgical malpractice case worth?
The average surgical malpractice case is worth a lot of money. This is because different kinds of damages result in different amounts awarded. For example, if you suffer from economic damages, you may be able to get compensated for lost wages, loss of future earnings, and medical bills.
You can also get compensated for non-economic damages, such as pain and suffering, emotional distress, and loss of a loved one. If you want to know how much your case is worth, you should contact one of our surgical malpractice lawyers. Your lawyer will be able to give you an estimate based on your damages.
What are the Common Injuries Sustained from Surgical Malpractice?
Some of the most common injuries that can result from surgical malpractice include:
- Nerve damage - This can occur when nerves are cut or damaged during surgery. This can lead to loss of sensation, paralysis, and other problems.
- Organ damage - This can occur if an organ is punctured or damaged during surgery. This can lead to organ failure and other serious complications.
- Infections - When surgery is performed, there is always a risk of infection. If proper sterilization techniques are not used or if instruments are not clean, this can lead to life-threatening infections.
- Bleeding - Excessive bleeding is a common complication of surgery. If blood loss is not controlled, it can lead to shock and death.
- Anesthesia errors - If the wrong type or amount of anesthesia is used, this can lead to serious complications. This includes brain damage, heart problems, and even death.
These are just some of the most common injuries that can occur as a result of surgical malpractice. If you or a loved one has been injured due to the negligence of a surgeon, it is important to contact an experienced medical malpractice attorney to discuss your legal options. 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.