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Surgical Errors
When you go to the doctor to have surgery, you trust that your medical provider is diligent in your evaluation and surgical intervention. You expect that your care team will intervene and provide a treatment plan that will heal or resolve your condition. However, when your surgeon and their team fail to perform the procedure correctly or address post-surgical concerns, the results can be catastrophic. A Maryland surgical error lawyer with Jacklitsch Law Group can help you stand up to negligent healthcare providers and assert your rights.
Surgical errors can cause patients irreparable harm, requiring individuals and families to bear the burden of unexpected injuries, costs, and, in some cases, death. Our team of experienced Maryland medical malpractice lawyers will fight for your right to compensation for injuries their negligence caused.
overview
Our Surgical Error Attorneys Hold Negligent Providers Accountable
The compassionate team at the Jaklitsch Law Group understands how frustrating it can be for victims when they experience harm at the hands of their surgeon. Since 1999, we have helped victims recover over $210 million in compensation, earning us recognition from the Multi-Million Dollar Advocates Forum. In addition to being recognized for our case results, we have been named to the U.S. News and World Report Best Law Firms list and have been included in Super Lawyers every year since the publication began.
While we will take on individual providers, we are not afraid to hold hospitals or larger facilities accountable for the damage they cause. We are not afraid to defend our clients’ rights to compensation following reckless or negligent surgical intervention. This includes taking a case to trial if that is what it takes to get a fair settlement offer.
Medical Errors in the Operating Room
The National Library of Medicine defines a medical error as a failure to complete the intended plan of action or implement the wrong plan to obtain the intended outcome. Physicians may make medical errors in any setting where they provide care, including the operating room. These errors are classified as errors of commission or omission, based on whether the provider caused harm through the action they took, or failed to take it.
For example, an error of commission may occur when a provider gives too much anesthetic to a patient undergoing surgery. However, an error of omission might be failing to properly secure the patient to the table, which results in injury. Each of these can leave the physician liable for the injuries in a malpractice suit.
Common Surgical Errors Jaklitsch Law Group Sees
According to the National Library of Medicine source cited above, approximately 400,000 medical errors occur annually. An estimated 4,000 of these are surgical errors that are considered medical malpractice and can have a wide range of lasting effects.
Some of the more common types of injuries our Maryland surgical error attorneys work on include:
- The surgical team performed the incorrect operation on the patient
- The medical team did not give the patient the correct amount or type of anesthesia or medication
- The operating team performed the ‘right’ surgical procedure on the wrong patient
- The surgeon performed the proper surgery, but at the wrong site, such as removing the right leg instead of the left
- The surgical team left a foreign object inside the patient
- The providers did not adequately monitor the patient’s vitals throughout the procedure
- The surgeon negligently performed the surgery
- The surgical staff did not properly sterilize the operating room before performing the procedure
Surgical errors can be incredibly impactful for patients, causing them to develop life-threatening infections or debilitating complications. Additionally, negligent post-operative care by the medical team can also lead to infection, as well as other complications like excessive scarring. Our skilled surgical error lawyers in Maryland fight for patients when hospitals and surgeons fail to provide quality care.
Your Surgeon Should Follow National Guidelines to Prevent Surgical Errors
Surgeons are humans, and mistakes are something that will happen. However, that makes it all the more important to take precautions to prevent this. One such precaution is known as the Universal Protocol, which is a guideline imposed by the Joint Commission. This protocol is meant to prevent wrong-site, wrong-procedure, and wrong-person errors and requires the medical team to complete the following:
- Conduct a pre-procedure verification process to confirm the patient ID and the procedure they expect to undergo
- Verify the availability of necessary items, including test results, documentation, and required medical devices or products
- Mark the procedure site with indicators that are unambiguous and used consistently throughout the organization
- The mark should be sufficiently permanent to be visible after preparing the site
- Perform a time-out before beginning the procedure to confirm the details of the situation
The Universal Protocol is considered part of the standard of care for practicing surgeons in the United States. If you have encountered a wrong site, wrong patient, wrong surgery error, and the team failed to comply with the protocol, this may be evidence of medical negligence.
How Do You File a Surgical Error Claim in Maryland?
Maryland law often requires victims of medical malpractice claims to initiate proceedings with the Health Care Alternative Dispute Resolution Office if the compensation they seek exceeds the $30,000 civil limit imposed on the District Courts of Maryland. However, lawsuits for damages between $5,000 and $30,000 may be directed through the appropriate district courts.
It is often beneficial for victims to consult with experienced surgical error attorneys in Maryland immediately following concerns about medical malpractice. At Jaklitsch Law Group, our team can investigate the claim and determine your legal options given the specific circumstances. For example, they can prepare and file a complaint on behalf of the victim, submitting it to the appropriate court or arbitration panel.
We may also assist you in meeting the requirements imposed by Maryland law when filing a claim against a healthcare provider, such as obtaining a qualified medical expert to review and support the underlying allegations.
How Long Do I Have to File a Surgical Error Claim in Maryland?
Any surgery comes with established risks, and unfortunately, loss of life can be one of them. However, that does not mean that the surgeon is not responsible if their mistake caused the death of your loved one, leaving the surviving family to shoulder an immense, unexpected loss. If your loved one was the primary financial provider, you may also struggle with the loss of financial support.
Maryland empowers surviving family members to file a wrongful death claim if a surgical error caused the loss of a loved one. A knowledgeable medical malpractice or wrongful death attorney can help by investigating the incident and determining whether you are eligible to bring a claim against the doctor, hospital, or other responsible party.
Legal Options After a Fatal Surgery Mistake
Like most civil cases, the state of Maryland places a statute of limitations on medical malpractice and surgical error cases. In most situations, Statute 5-109 of Maryland’s court and judicial proceedings, the statute of limitations allows five years from the date of injury, or three years from the date of discovery, to file a lawsuit.
However, certain circumstances may support tolling or pausing the statute of limitations, or even limiting them further. These circumstances typically relate to the injury of a minor or an individual who is incapacitated in some way, and lawsuits against some public or government entities may be subject to a shorter term.
The only sure way to determine how long you have to file a lawsuit and to get your claim filed in time is to speak with a Maryland surgical error attorney from our law firm.
How Can You Win a Surgical Error Case in Maryland?
The crux of a successful lawsuit against a healthcare provider or facility is providing evidence of negligence. Many people think that an apology is adequate evidence of negligence. However, Maryland physicians are protected by “I’m Sorry” Laws that allow them to express sympathies or regrets about the outcome without inherently accepting liability.
An apology is not an indicator that a mistake occurred during surgery. You need to dig deeper into what happened with a lawyer to show evidence of medical negligence.
Duty of Care
The first point you must establish is that the defendant had a duty of care to the injured victim. Regarding surgery mistakes, a physician or surgeon is obligated to follow the standard of care for their specialty. That is, they should make decisions that others with similar experience and education would also deem appropriate.
To show that your surgeon owes you that standard of care, you must provide evidence of an established professional relationship. If you are undoing surgery, this relationship is typically easy to show.
Breach of Duty
Once you establish the duty of care, you must show that the provider failed in that duty. For example, you face risks in any surgery, which your doctor should discuss with you beforehand. If you encounter some of those common complications, it may not be because the doctor was negligent or failed to provide quality care.
However, unexpected complications or failure to identify standard complications may be considered a breach of that duty. You can often establish this breach of duty with the help of expert witnesses or by asking members of your surgical team to testify.
Causation
When you establish that your surgeon failed in their duty to meet the standard of care during your surgery, the next step to successful compensation recovery is to show that their breach of duty directly caused your injuries. For example, your surgeon may have failed to take proper precautions against infection, but if you did not develop a serious infection, you may not have a case.
Damages
Finally, you must demonstrate that you suffered injuries as a result of the surgical error. This means you sustained some degree of harm because your surgeon breached their duty of care and caused harm.
For example, suppose your surgeon failed to take adequate precautions and you developed an infection. The infection was promptly diagnosed and managed with standard post-operative care, which did not prolong your stay or exacerbate your suffering. In that case, you may have more difficulty establishing damage.
However, say that their failure to diagnose a post-op infection leads to a severe illness. This illness requires long-term hospitalization and causes you to miss work. These circumstances and the damages experienced may be sufficient for our Maryland surgical error lawyers to pursue legal compensation.
We Will Help You Recover Compensation for Your Surgical Error Claim
Pursuing a lawsuit for a surgical mistake can be cathartic for many. It offers a sense of closure and a chance to hold medical professionals accountable for the harm they caused. However, in most cases, the primary purpose of a civil lawsuit is to recover compensation for the damages you suffered and the costs you incurred. Some of the most common damages we recover for our clients include:
- Additional medical costs (extended stays in the hospital, corrective surgeries, or additional care resulting from the surgical error)
- Lost wages
- Pain and suffering
- Emotional distress
Surgical errors can be life-altering, whether it was an anesthesia error, the wrong surgery, or a retained instrument. When you consent to undergo surgical intervention, you do so with the hope of a better life. No one should wake up after treatment to find that they have incurred more harm.
Contact Our Experienced Surgical Error Attorneys in Maryland
Surgical errors can have widespread consequences. At the Jaklitsch Law Group, we do not believe patients should have to bear the burden of surgical error or medical malpractice. Without compensation for the immense troubles these injuries cause, many people are left to struggle financially, worrying about how they will support themselves and their families.
Our team works tirelessly to help victims recover from their losses and hold the liable parties responsible for the injuries they cause. If a surgical error injured you or your loved one, call our office today or contact us online to schedule a free, no-obligation consultation.
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I hired the Jaklitsch Law Group to represent me after I was rear ended and hurt while sitting at a traffic light. They were professional and made me fell as if I was the only one they were representing. I was extremely pleased with the service and outcome. I would use them again in a heartbeat if needed.
I wanted to thank you for all the hard work that you have done to help settle my case. When I first called, I was hurt both physically and mentally from the trauma of my car accident. Over three years and several surgeries later, your office's support and determination truly made a difference and I was able to focus on getting better. Thank you for working so very hard on my behalf. I couldn’t have asked for a better team on my side!!! I will recommend your office to anyone and everyone for years to come.
The best customer service I've experienced in a long time. The staff is very professional. The staff is knowledgeable helpful patient and goes above and beyond what is expected of them. Once I met Mr. Jaklitsh I was very pleased, the nicest person to do business with.
There aren't any words to describe Rick until you get the pleasure of meeting him.Trust me if you need a lawyer you can talk to and put all your trust in and feel like your talking to a family member then make Rick your attorney. He will never make you feel second best. Rick will fight to win you your case. He will be right there for you Regardless of your situation. Rick has always been straight forward and always will be.. Thanks Rick for all you do. God Bless.
If you're in need of a personal injury attorney after a car accident or crash, look no further than The Jaklitsch Law Group. This law firm is home to some of the best personal injury attorneys in the business, and I had the pleasure of working with one of their top-rated trial attorneys, David Jaklitsch.
From the very beginning, David was attentive, responsive, and dedicated to my case. He took the time to understand the details of my car crash and the injuries I sustained, and he fought tirelessly to ensure that I received the compensation and verdict I deserved.
David's expertise and experience as a personal injury trial attorney were evident throughout the entire process. He kept me informed every step of the way, and he was always available to answer any questions or concerns I had.
Overall, I would highly recommend The Jaklitsch Law Group and David Jaklitsch to anyone in need of a personal injury attorney. Their commitment to their clients and their exceptional legal expertise truly set them apart.
I am a Paralegal and have been for over 17 years. Therefore, I know first hand what skills and attention to detail a law group must have to win any case. Having said that, I highly recommend the Jaklitsch Law Group and the professional and dedicated staff they have. Look no further, they are IT.
I hired the Jaklitsch Law Group to represent me after I was rear ended and hurt while sitting at a traffic light. They were professional and made me fell as if I was the only one they were representing. I was extremely pleased with the service and outcome. I would use them again in a heartbeat if needed.
I wanted to thank you for all the hard work that you have done to help settle my case. When I first called, I was hurt both physically and mentally from the trauma of my car accident. Over three years and several surgeries later, your office's support and determination truly made a difference and I was able to focus on getting better. Thank you for working so very hard on my behalf. I couldn’t have asked for a better team on my side!!! I will recommend your office to anyone and everyone for years to come.
The best customer service I've experienced in a long time. The staff is very professional. The staff is knowledgeable helpful patient and goes above and beyond what is expected of them. Once I met Mr. Jaklitsh I was very pleased, the nicest person to do business with.
There isnt any words to describe Rick until you get the pleasure of meeting him.Trust me if you need a lawyer you can talk to and put all your trust in and feel like your talking to a family member then make Rick your attorney.He will never make you feel second best.Rick will fight to win you your case.He will be right there for you Regardless of your situation.Rick has always been straight forward and always will be..Thanks Rick for all you do.God Bless.
If you're in need of a personal injury attorney after a car accident or crash, look no further than The Jaklitsch Law Group. This law firm is home to some of the best personal injury attorneys in the business, and I had the pleasure of working with one of their top-rated trial attorneys, David Jaklitsch.
From the very beginning, David was attentive, responsive, and dedicated to my case. He took the time to understand the details of my car crash and the injuries I sustained, and he fought tirelessly to ensure that I received the compensation and verdict I deserved.
David's expertise and experience as a personal injury trial attorney were evident throughout the entire process. He kept me informed every step of the way, and he was always available to answer any questions or concerns I had.
Overall, I would highly recommend The Jaklitsch Law Group and David Jaklitsch to anyone in need of a personal injury attorney. Their commitment to their clients and their exceptional legal expertise truly set them apart.
I am a Paralegal and have been for over 17 years. Therefore, I know first hand what skills and attention to detail a law group must have to win any case. Having said that, I highly recommend the Jaklitsch Law Group and the professional and dedicated staff they have. Look no further, they are IT.
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