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.
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.
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.