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Can You Sue a Doctor for Bad Surgery?

Can you sue a doctor for bad surgery? In many cases the answer is, yes, you can. An expert medical malpractice attorney will help you seek damages and win the compensation you deserve after a medical procedure gone wrong.

When most people think of medical malpractice, they may think about people walking into the pharmacy and getting the wrong pills. Or patients get an incorrect diagnosis that severely impacts their health.

That kind of thing happens – surprisingly frequently – but there are different types of medical malpractice.

The high risk associated with medical procedures of all kinds is why there are so many laws and regulations in the medical industry.  When someone puts their life and health in the hands of a health care provider, they are trusting them with the most precious thing they have.  Most people are not experts in medical care and when they seek medical attention they are giving the provider all the power over them.

Surgeries are some of the highest-risk procedures out there. Surgical physicians attend school and advanced training for many years to learn to be surgeons. Patients, on their part, trust that their surgeon is qualified and capable when they agree to a procedure.

If you or someone you know is experiencing ill effects after a surgical procedure, you should speak to a surgery lawyer to see whether you have a malpractice case. They can walk you through your options and help you seek compensation for what’s happened.

We Trust Surgeons with Our Lives

When it comes to surgery, people put a lot of faith in their doctors. We let them put us to sleep and cut us open to repair broken bones and torn ligaments, remove tumors and cysts, and fix organs.

Good surgeons are a godsend. They keep people alive and improve their quality of life every day. People fly from all over the world to see experienced surgeons because they believe their life is in good hands.

Cosmetic surgery is also a booming industry. In recent years, surgical procedures have come a long way, and now they are more advanced and less invasive than ever.

People have cosmetic surgery for all sorts of things, including:

  • Facelifts
  • Rhinoplasties
  • Augmentations
  • Reductions
  • Implants
  • Liposuction
  • Eyelid surgery

These are just some of the examples. The cosmetic surgery industry has come such a long way. If you can think of it, there’s probably a surgeon out there who can do it.

There is also less of a stigma around cosmetic surgery.

That means that more people are willing to get cosmetic surgery. Most of them recover without any issues, but there are certainly instances where something goes wrong because of medical malpractice.

Most people know about stories where a medical instrument gets left inside a patient’s body. We’ve also heard terrifying stories in the news where surgeons did something like that on purpose. It’s hard to imagine.

With so much on the line, we put our faith in surgeons. When they fail to live up to their duty as a medical provider, the stakes are high.

What Constitutes Medical Malpractice?

What’s the difference between a mistake and medical malpractice?

Unfortunately, it’s hard for most people to know. Unless you’re an experienced medical malpractice lawyer, you may not know whether you can sue a doctor for a bad surgery.

Let’s take a look at what medical malpractice is and when you may have a case.

First, medical providers have a standard of care they must meet with all of their patients. Here, the standard of care means that they must provide care before, during, and after a surgery that a qualified, experienced surgeon should deliver.

If you’ve not had surgery or it’s been a while, then it’s often hard to tell whether they met that standard of care. What level of pain is normal? How small or large should a scar be? Is a complication normal or should it have been prevented, or at least recognized and treated earlier?  Are people usually disabled after surgery?

The answers to these questions should be handled by a lawyer who specializes in medical malpractice cases.

Second, sometimes it is obvious when medical malpractice happens. These situations make it much easier to decide can you sue a doctor for bad surgery.

Think of things like disfigurements after a surgery, unnecessarily altering the function or appearance of limbs or your face, leaking implants, and other nightmare scenarios.

In these cases, it’s easier to spot medical malpractice because the results are so awful.

Dealing with the Effects of Surgical Malpractice

There are entire reality TV shows built around surgeries gone wrong. People, desperate to fix what’s wrong or return to what it was like before, seek out better surgeons to fix another doctor’s errors.

People love what’s happening on the screen, but often they miss the horrible effects of bad surgery.

There are typically massive costs associated with repairing surgical errors. If the procedure was cosmetic, likely, insurance did not offer any coverage. People pay for medical costs out of pocket.

Paying for surgical repairs will cost even more. Should it be on the patient to pay for a surgeon’s mistake?

Think about this – If a surgeon makes a mistake that leaves you disfigured and then offers to fix it, are you going to give them another try? Probably not.

In addition to the costs of fixing what’s wrong, there are also massive impacts on quality of life. How do you go to work with a hair implant surgery gone wrong, or take care of your obligations if a nose job is botched?

The bottom line is, you can’t. People lose income, experience embarrassment, and other forms of pain and suffering when surgery goes wrong.

Many people have to pay for therapy to help them overcome the trauma of the experience.

Can You Sue A Doctor for Bad Surgery?

Yes, you can. And, oftentimes, you should! Surgeons must provide a standard of care for patients. Their lives are literally in their hands.

Suing a doctor for bad surgery holds them accountable for their mistakes. It shines a light on what is often a confusing space. We put our trust in them and take what they say as gospel.

When they try to cut corners, attempt procedures they have no experience with, ignore symptoms, or hire untrained staff, patients bear the brunt of the mistakes.

Suing a doctor may get you the compensation you deserve and may spare others from going through the same thing.

Finding a Medical Malpractice Lawyer

Linking up with the right lawyer is vital to the success of your case. At all costs, find someone with experience representing victims of a bad surgery and other forms of medical malpractice.

A good lawyer will:

Deal with Correspondence

They’ll handle communication with insurance companies, surgical practices, medical providers, lawyers, and other authorities to make sure you say the right things at the right time. This helps support your case and affects the amount of any financial awards in court.

Document Evidence

An expert lawyer knows what to look for in medical malpractice cases. They’ll take pictures, refer you to medical experts for opinions, interview key stakeholders in your case, and look for evidence in several other ways. Documenting good evidence is a major component of successful settlement negotiations and winning if the case goes to court.

Manage Settlement Negotiations

Experienced attorneys know how much you deserve in damages. They’ll look at your case and benchmark it against other cases to create a precedent. Too many victims of bad surgery mistakenly jump at low-ball offers because they have bills to pay. A malpractice lawyer will know how much your case is worth in court.

Stay the Course

Medical malpractice cases can take time. Remember, surgeons have the resources and the know-how to fight back legally. Stretching out the case is a common tactic to force people into accepting lower settlement amounts. Your lawyer should know this and prepare for a drawn-out legal case.

Can You Sue a Doctor for a Bad Surgery? – Common Surgery Medical Malpractice Cases

There are a lot of instances where surgeons make mistakes because they failed to live up to the standard of care. Here are some examples of surgical malpractice cases:

  • Performing the wrong operation on the wrong patient & wrong site surgery (wrong part of the body/wrong extremity)
  • Failure to respect informed consent
  • Disregard for safety procedures
  • Failure to account for patient medical history
  • Failure to observe complications such as blood loss, unusual labs, communications from nursing staff or signs of infection
  • Performing a procedure in the wrong setting or without property certification

These are just some of the most common types of bad surgery cases. If you’re curious about your case and are wondering can you sue a doctor for bad surgery, talk to an expert medical malpractice law firm in your area.

They’ll talk to you about what happened and let you know whether you have a case. A short conversation can put you on track to win compensation and start the recovery process after surgery has gone wrong.

The Medical Malpractice Experts at Leighton Law

Leighton Law represents victims of bad surgeries across Florida. We have a team of attorneys who are experts in the medical malpractice field. Talk to us in a no-obligation consultation to discuss your situation and the next steps you should take.

 

Article by:

John Leighton

A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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