Doctor or Surgeon Error Medical Malpractice

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The thought of being a victim of a surgical or medical error is terrifying. You go to the doctor with the intention of getting help for your medical condition only to find yourself injured by their care. What is even more terrifying is that medical and surgical errors happen at such a high rate that the CDC now classifies them as the third leading cause of deaths in the United States.

The worst of these errors are often referred to as “Never Errors.” These errors include surgical errors on the wrong person, the wrong part of the body, or the wrong procedure. These events do not happen often but can occur. Statistics show that these “Never Errors” happen more often in surgical centers than hospitals.

Most medical errors occur during routine interaction between patients and medical care providers.

If you believe that you have been injured by the care you received from a medical care provider you should consult with a medical malpractice attorney.


The Most Common Medical Errors

Medical errors can happen in many ways. However, it has been the experience of our law firm that there are some types of errors that occur more often than others. These medical errors include:

  • Misdiagnosis or Failure to Diagnose a Condition
  • Overtreating or Undertreating a Condition
  • Laboratory Errors or Inaccurate Reading of Results
  • Medication Errors
  • Surgical Errors
  • Infections After a Surgery
  • Transmission of Disease or Infection Due to Sanitary Practices
  • Birth Injuries to Infant or Mother
  • Premature Baby Care
  • Anesthesia Errors
  • Emergency Room Errors

Other types of errors can occur in a medical setting. If you believe that you have been harmed by the medical care that you received, protect your rights, and speak with a medical malpractice attorney about your case.

What To Do If You Believe You Are A Victim Of A Medical Error

If you believe that you are a victim of medical error, it is important that you use the following guideline to protect yourself and your ability to make a claim for compensation,

Seek Immediate Medical Care

Your health should always come first. Make sure that you seek out medical care for the injury or medical error so that you can begin treatments to correct the problem. Delaying treatment has the potential to cause you more harm.

Follow All Medical Care Instructions

You will want to follow all of the medical care instructions that you are given by your new care provider. The insurance company reviewing the medical malpractice case will want to see that you are actively trying to correct the situation.

Contact A Medical Malpractice Attorney

Medical malpractice cases can be complex. It will be important that you consult with an attorney as soon as possible after you have discovered the injury. This is the best way to protect your rights as a victim. Working with an attorney also helps you build a solid case and secure a fair compensation package.

Avoid Social Media

Social media has become one of the most used platforms on the Internet. Nearly everyone has a social media account. You should refrain from posting on your account any information about being injured, your case, or any interactions with your attorney. Do not put information about your treatment or recovery on your page. You should also refrain from posting negative items about the doctor, facility, or hospital on your social page.

The insurance company is going to monitor your social media pages. They will look for reasons to dismiss how bad this injury has affected you. Posting pictures of yourself at a party will not help your case. Keep all postings to a minimum and always avoid commenting about your health or injuries.

Compensation For Medical Errors

Injury victims are entitled to seek compensation for their losses from the negligent party. Depending on the facts of your case, you may be entitled to one or more of the following types of compensation for medical malpractice:

  • Current and Future Medical Expenses: All medical care costs associated with the injury will be a part of your compensation package. If you will be required to have future treatments or will require life-long care, your attorney will make sure the costs for these services are part of your package.
  • Lost Income: If you have had to miss work because of your injury, all of your lost wages will be included in your compensation. If you were entitled to additional employer-paid benefits that you did not receive because you were not able to work, your lawyer would seek damages for these losses as well.

  • Future Earning Potential: If you cannot return to work, or can only return at limited capacity due to your injury, your attorney will request compensation for all of your future earnings that you will lose as a result of the medical error.

  • Additional Expenses: If you have additional expenses related to your injury, your attorney will include these costs in your compensation. This may include special alterations to your home or car to accommodate your vehicle, costs for over-the-counter supplies required by your doctor, costs for transportation to and from the doctor, and similar costs.

  • Pain and Suffering: Pain and suffering are non-economic compensation and will vary greatly for each person. Your attorney will explain to you in detail how they have come up with the figure for your pain and suffering compensation.Additional forms of compensation may be available. During one of your consultations, your attorney will explain to you all forms of compensation that apply to your case and the amounts that they will seek on your behalf.

What Is Not A Medical or Surgical Error

It is very important to understand that a medical or surgical error only happens when a medical care provider acts outside of the accepted practices of treatment and harms the patient from those actions.

Medical and surgical care, as well as medications, do not offer 100 percent treatment or cures for any disease, injury, or condition. Being dissatisfied with the outcome of a procedure does not constitute malpractice.

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