Yes, you can file a personal injury claim for a surgical error. Like Samantha did with the help of an experienced personal injury lawyer and acquired compensation from the nursing home.
Not Quite So
Amongst all the forms of medical malpractice cases, any instance where a surgical error has occurred is considered unacceptable. That is why, it is called a “never event.” But unfortunately, according to findings published in The New England Journal of Medicine in 2012, more than 4,000 of these “never events” take place in the United States every year. And Samantha just found herself becoming a part of this disturbing piece of statistic.
“Sometimes Event”
Samantha got admitted to a nursing home to be operated for a gastro-intestinal complication. It was supposed to be a minor surgery with a short recuperation period. She was looking forward to the hiking trip afterwards. But her surgeons had other plans in mind! Samantha was operated at a wrong site and when the mistake was discovered, she had to go in for another surgery.
Much Deserved
After recovering from the multiple rounds of surgeries of which, one was complete unnecessary, Samantha got in touch with a personal injury lawyer who specialized in medical malpractice cases. Her lawyer was well-versed in the nuances of personal injury and liability laws and knew how healthcare providers are legally bound to comply with certain standards. He was able to gather and analyze the requisite pieces of evidence and piece them together into a foolproof case that clinched a suitable amount of compensation for Samantha but nothing illogical such as some of these cases where the jury is mindlessly out of control.
Make the Call
According to the laws, there are six principal categories of surgical errors that entitle a victim to personal injury compensation: surgery at the wrong site, operative and/or post-operative complications, delay in treating, suicide or an attempt at it while under medical supervision, error in prescribing medicines, and patient fall. So, if you too think that you or a loved one has been a victim of a surgical error that should have “never” happened, get in touch with a personal injury lawyer to secure for you the damages you deserve.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Taylor King, who opened the firm’s first office in 1994 and has been practicing law for more than 30 years.
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