If you have been the victim of a surgical error, you may be entitled to compensation for your medical bills, lost income and pain and suffering, among other losses. We are working with experienced surgical error medical malpractice lawyers in Rhode Island and Massachusetts, who charge no fee unless you receive a settlement or award. Feel free to call us toll free 24/7 at 1-800-992-6878 or contact us online for a free (no obligation) case evaluation.
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Why Are There Surgical Error Medical Malpractice Cases?
A surgical error is an avoidable or preventable mistake made during surgery. In some instances, the mistake may occur before or after the surgery. All surgeries involve some element of risk and medical professionals are required to maintain a certain level of care. Unfortunately, patients are sometimes needlessly injured, or even killed, by surgeons who do not perform up to the standard of care that is required of them.
Can I Be Compensated for Pain & Suffering?
In addition to being compensated for your medical bills and lost wages, you may also be entitled to compensation for the pain and suffering you’ve endured as a result of a car accident that was not your fault. When pain and suffering damages are calculated, two things are considered: (1) the type of injury you sustained, and (2) the length of time you are in pain.
- Current and Future Medical Bills;
- Lost Wages;
- Loss of Future Earnings;
- Pain and Suffering;
- Among Others.
The experienced surgical error lawyers that we work with can answer any questions that you may have regarding the value of your potential medical malpractice lawsuit.
Why Do Surgical Errors Happen?
Every surgery that is performed is different in some way. Therefore, every surgical error and any causes of that mistake is also unique to that case. However, there are common surgical error causes:
- Incompetence – In some instances the surgeon performing your surgery may not have performed the procedure very many times or just simply lacks the skill required to perform the surgery effectively.
- Inadequate Preoperative Preparation – It is crucial that a surgeon be incredibly well-prepared for any surgery. This includes many different factors, such as; preparing for any complications that could occur, preparing the nurses and any assistants that will be present, and making sure all the necessary equipment is readily available.
- Inappropriate Procedure – In some cases a surgeons may incorrectly determine that certain steps during a surgery are not needed. Participating in these shortcuts can be very dangerous when it comes to something as sensitive as surgery.
- Exhaustion – This is more common than some people may assume. Surgeons and other medical professionals have a reputation for working long and tiring shifts. This can result in fatigue. Worn-out and drowsy people are more likely to make mistakes in comparison to well-rested and aware people.
- Drugs⁄Alcohol – Unfortunately, some medical professionals may turn to drugs and alcohol to cope with the everyday stress they face. Even though it may be unsettling to think that a surgeon or other medical professional would work under the influence of drugs or alcohol, it does happen.
- Negligence – This is a common error where medical professionals are just not being as careful as they should be. It can be something as simple as making sure the equipment is properly sterilized to avoid infection.
How Long Will It Take to Get My Settlement?
How long a personal injury case takes to settle varies with each case. For example, someone who was rear-ended and experienced whiplash and back pain may have settlement talks begin three months after completing medical treatment. But sometimes, medical treatment can take longer, and a treating physician can be slow to send a narrative report to attorneys, which can make the process take longer. What is certain is that the attorneys at d’Oliveira & Associates will factor in this timeline to ensure you receive the best settlement as quickly as possible.
Do I Need a Car Accident Lawyer to Settle My Rhode Island Car Accident Claim?
To determine whether you should enlist the help of a Rhode Island car accident lawyer to settle your personal injury claim, consider the three “I’s”:
- Injury. Suffering injuries in a car accident can be devastating. Even small injuries can have huge economic consequences. Medical treatment can entail ambulance transportation, hospital visits, and extensive physical therapy. Families don’t always have the resources to cover these unexpected costs. d’Oliveira & Associates’ car accident lawyers are experts in obtaining compensation for car accident victims to help offset medical expenses, lost compensation, and pain and suffering.
- Insurance. Insurance companies are businesses and ultimately exist to make a profit. Having to “payout” a settlement costs insurance companies a lot of money, so they tend to undercompensate their clients and are notoriously hard to work with. While it is possible to settle a claim with the insurance company directly, this can take months of negotiating and may still not result in enough compensation to cover your costs. If the party who was at fault in the accident has no insurance or limited insurance, it is advised that you enlist the help of a RI car accident lawyer to guide you through the process and maximize your compensation. d’Oliveira & Associates attorneys have successfully negotiated with insurance companies in securing thousands of settlements for our clients.
- Investigation. If an investigation is being opened for your car accident, this is an important indicator that you may want to consult an auto accident attorney. Proving liability or recovering damages may depend on details that seem irrelevant at first. Our lawyers can help guide you through the insurance and police investigations process to ensure the best possible outcome for your case.
What Are Some Examples of Surgical Error Medical Malpractice?
- Unnecessarily delayed surgery, causing further complications
- Negligently leaving surgical instruments, sponges, or towels in the patient
- Failing to recognize symptoms, or misdiagnosing
- Failing to advise a patient of all potential risks
- Negligent damage to parts of the body not being operated on
- Inattentive staff or doctors
- Failure to construct a surgical plan
- Reckless decisions under pressure
- Performing surgery on the wrong part of the body
- Performing unnecessary surgeries
- Negligent use of surgical tools
- Negligent sanitary preparation for surgery
- Misreading or ignoring laboratory results
- Failing to follow up with a patient after surgery
- Discharging a patient prematurely
- Disregarding or not taking appropriate patient history
How Do I Know If I Have A Surgical Error Medical Malpractice Lawsuit?
Health care providers have a legal duty to follow a necessary standard of care. In order to form a claim for medical malpractice, you must show that the health care professional provided a level of care in your case that fell below that of the standard level of care necessary. This will prove that the health care provider broke their legal duty to follow the standard of care. You must also prove that this failure to maintain the appropriate standard of care was the cause of your injury.
Why Contact Us?
If you have been a victim of a surgical error you may be entitled to compensation for your medical bills, lost income and pain and suffering, among other losses. It is important that you contact an experienced medical malpractice lawyer to handle your case. We are working with experienced surgical error medical malpractice lawyers in RI and MA, who charge no fee unless you receive a settlement or award. Call us toll free 24/7 at 1-800-992-6878 or contact us online for a free (no obligation) case evaluation.