When a patient has an operation, the surgeons and medical staff are expected to provide acceptable quality of care. If a problem occurs or a mistake is made during the surgery, the patient may be the victim of a surgical error.
If you have been injured during an operation, the Savannah surgical error attorneys at Roden Law may be able to help you seek compensation for what you have endured. Our medical malpractice lawyers have helped our clients obtain millions of dollars in compensation for their injuries, and we can put our knowledge to work for your case as well.
We offer a free, confidential consultation, so there is no risk to you to talk to one of our surgical error lawyers in Savannah. We charge absolutely no upfront costs, and you do not pay us unless we are able to help you obtain compensation. Contact us to find out what our caring team can do for you.
Schedule a free consultation by calling 1-844-RESULTS today.
What Is a Surgical Error?
A surgical error occurs if a mistake is made or procedures are not properly followed before, during or after an operation. Medical professionals may be liable for their surgical errors and the effects from an operation that caused unnecessary harm to the patient.
Some common types of errors that can happen before surgery include:
- Misdiagnosis of a patient’s symptoms
- Not explaining all potential risks to the patient before surgery
- Scheduling an unnecessary surgery
Surgical errors that can occur in the operating room include:
- Operating on the wrong patient
- Operating on the wrong part of the patient’s body
- Errors with administering and monitoring anesthesia
- Leaving surgical instruments or sponges in the patient’s body
- Causing harm to other parts of the body during surgery
- Not properly responding to problems during the operation
- Poor sanitation in the operating room
- Using improper surgical tools
Common medical errors that can happen after a patient’s surgery include:
- Ignoring a patient’s complaints of pain after surgery
- Discharging the patient from the hospital too quickly
- Not following up with the patient after surgery
- Not prescribing post-surgery medication if necessary
- Ignoring lab results
- Failing to address infections and other complications
Medical professionals are legally bound to provide patients with care that is appropriate for the patients’ needs. If your surgeon failed to do this and you suffered harm, contact a Savannah surgical error attorney. You may be entitled to compensation for what you have suffered.
Complete our online form to have a surgical error attorney in Savannah review your case.
Complications from a Surgical Error
Some common complications from surgical errors include the following:
- Nerve damage
- Brain damage
- Additional surgery
- Loss of use of a limb
- Ongoing medical care
A severe surgical error can change your life. Because of this, it is important to hold the responsible party liable for the harm that you have endured. If you believe you have been harmed by a medical professional’s error, contact Roden Law right away. We charge no upfront fees and there is no obligation, so there is no risk to you to talk to us about your case.
Call 1-844-RESULTS to talk to a member of our legal team.
How to Prove Surgical Errors
It is important to note that even if you received a bad outcome from surgery, you may not have a medical malpractice case. To seek compensation for what you experienced due to a surgical mistake, you and your surgical error lawyer in Savannah must be able to prove that:
- There was a duty of care between you and the surgeon (or another medical professional). This means the surgeon had a legal obligation to act within the minimum standards of acceptable care within the medical community. This duty of care exists once you become a patient of the medical professional.
- The duty of care was breached by the medical professional, whether negligent or intentional. This occurs when the medical professional fails to act within the standards of the medical community or does not act as another with similar training would have in the same situation.
- The breach caused you to suffer adverse health problems that could have been avoided. This means your injuries would not have occurred if it were not for the actions, or inaction, of the professional.
These are the elements of medical malpractice and they must be present in your claim to file a surgical error lawsuit. Furthermore, O.C.G.A. 9-11-901 requires that every malpractice lawsuit include an affidavit from a medical expert providing evidence of at least one act of malpractice committed by the medical professional.
The Savannah surgical error attorneys at Roden Law can hire medical professionals to document your injuries from your surgery and prove that your injuries were caused by the operation, not by a preexisting condition.
Complete our Free Case Evaluation form today to have our team review your claim.
Who May Be Liable for a Surgical Error?
The medical professionals who are in the surgery room have the legal duty to ensure that the surgery is conducted properly and with full attention to all details. The personnel in a surgery room can include:
- Certified registered nurse anesthetists
- Operating room nurses
- Surgical techs
- Residents or medical students
- Physician assistants
- Medical device company representatives
Depending on the circumstances of your situation, any one of these individuals could potentially be liable for your injury. A Savannah surgical error attorney at Roden Law will review the details of your claim to determine all parties that contributed to your injury and could be held liable for what you have suffered.
Our team has years of experience handling cases just like yours, and we can hold the medical professionals accountable for their negligence surrounding your surgery.
Fill out our online evaluation form to have our skilled team review your case.
Can I Get Compensation for a Surgical Error?
When a patient’s health is negatively impacted by an operation, he or she may be entitled to economic compensation for:
- Medical bills
- Emergency room visits
- Follow-up appointments
- Physical and occupational therapy
- Corrective surgery
- Malpractice damages
- Punitive damages
- Lost wages
A victim may also be entitled to noneconomic damages, which provides compensation for a patient’s injuries, pain and suffering. According to O.C.G.A. § 51-13-1, this can include:
- Emotional suffering
- Mental anguish
- Physical pain
- Physical impairment
- Loss of companionship
- Loss of enjoyment of life
- Injury to reputation
The team at Roden Law has access to financial experts who can calculate a fair amount of compensation that is owed to you to help pay for what you have endured.
Your doctor’s lawyers will try to convince you to agree to a quick settlement amount. However, our surgical error attorneys in Savannah will fight for your right to the maximum amount that is owed to you – not less than what you deserve.
Our law team is here for you, so call 1-844-RESULTS now.
Surgical Error Statute of Limitations
O.C.G.A. §9-3-71 establishes the statute of limitations for filing a medical malpractice case as two years from the date of injury. This is the deadline for filing a surgical error lawsuit, and if you miss this time limit, you will not be able to file a lawsuit to obtain compensation for your injuries.
If you are not immediately aware of your injury, the statute of limitations will begin on the date you discover, or should have discovered, your injury. This is known as a statute of repose, and it does not apply to cases involving foreign objects left in a patient’s body. However, these cases must be filed within one year after the object is discovered, according to O.C.G.A. § 9-3-72.
The statute of repose also does not apply to cases involving minors under the age of five. If a child suffers a surgical error before the age of five, he or she has two years from his or her fifth birthday to file a lawsuit, according to O.C.G.A. § 9-3-73.
Additionally, if a medical malpractice case involves a city or county, the deadline for some of these municipalities will be significantly shorter, often only six to 12 months.
Because these deadlines are important and are specific to each case, it is important to quickly find a Savannah surgical error lawyer you can trust to prepare and file your case. Our attorneys can explain the laws that apply to your case and help you file a case within the statute of limitations for your case.
Complete a Free Case Evaluation form now.
Why Do I Need a Lawyer?
Surgical error lawsuits are complex cases that require the guidance of an experienced attorney who is well-versed in the many complex medical malpractice laws in Georgia.
Your attorney at Roden Law will:
- Help you gather the documentation from the surgery
- Hire medical professionals to establish that your injuries were caused by the surgery
- File a medical malpractice case on your behalf with the court
Doctors and hospitals have teams of lawyers who are ready to argue that your injuries were the result of something other than the surgery. They will also attempt to get you to settle for a lower amount than what you are owed.
The seasoned Savannah surgical error lawyers at Roden Law know how to deal with these attorneys on your behalf. That way, you can focus on your health and getting your life back to normal again.
Contact an Experienced Attorney Today
If you believe your injuries were a result of poor care or errors during a procedure, contact an experienced Savannah surgical error attorney at Roden Law. It is important to act quickly so you do not miss the deadlines for filing a case.
Our legal team has years of experience helping our clients obtain the compensation they deserve for their injuries. Our caring personal injury attorneys are ready to listen to you, evaluate your case, and fight for your right to justice and compensation.
We charge no upfront fees, and you pay us nothing unless we are able to help you obtain compensation. There is no risk to you and no obligation. Contact us today to schedule your free case review.