As a surgery patient, you may have certain expectations about the level of care and precision that the physicians treating you take during your procedure. Most surgeries present risks beyond simply failing to correct the issue at hand. However, patients rarely take into account the potential mistakes of those performing the surgery or the team that facilitates the work.
It can come as a great surprise then, to learn that your surgeon either performed the wrong surgery on you, or operated on the wrong body part. It disheartening to think that the medical professionals charged with your care are capable of such a seemingly foolish error, especially because we place so much trust in our medical care providers to be the professionals that their salaries and training indicate.
If you experienced wrong site surgery, you can consult with an experienced malpractice attorney to determine a strong path towards fair compensation for your injury and other losses. While such a glaring error may seem like an open and shut case, there may be more factors at play than you realize.
What is the nature of your injury?
Depending on the nature of your particular injury, you may need to scrutinize more members of the surgical team and administrative team than you may expect.
If a sponge or instrument gets left inside a victim, this may seem like a clearcut case, but it may not be. While it is likely that the doctor who performed your surgery is liable, some other member of the surgical team may have made the error. In this instance, it is less straightforward to determine who holds liability.
Contrastingly, it is possible that a doctor simply performed a surgery based on bad information at an administrative level. If, for instance, a doctor amputates a person’s right foot instead of his or her left foot, but did so because the documentation he or she received was faulty, it may not land to the doctor to take blame for the error.
Surgeries are often lengthy processes with many opportunities for things to go wrong. In order to prove that your injury was actually an error, you may need to secure your medical records and even the hospital’s records of the matter. Of course, many hospitals are not particularly eager to give out information that may shift costly liability their way, so you may need to seek a subpoena to obtain these records.
You do not have to fight for fair treatment alone
As a victim of a surgical error, you have a great deal of physical work to do in your recovery that only you can do. An experienced attorney can help represent your rights and interests in a surgical error dispute to make sure that you can keep your focus on your own recovery.