San Antonio Surgical Error Attorney
Surgery Errors in Texas
It can be difficult to imagine that surgeons and other highly trained medical professionals would make entirely avoidable mistakes, but surgical errors happen with alarming frequency in the United States. The National Center for Biotechnology Information (NCBI) reports that there are at least 4,000 surgery errors every year in the U.S., accounting for a significant number of adverse medical events annually. Many of these events are what are known as “never events”—incidents that are so preventable, they should never occur. Examples include wrong-site surgery and patients developing pressure ulcers (bedsores) due to improper pre- and postoperative care.
If you or someone you love has suffered due to a surgical error, you may be entitled to financial compensation for your resulting damages. At the Law Offices of Pat Maloney, P.C., our San Antonio surgical error attorneys can help you understand your legal rights and options, including whether you are entitled to bring a medical malpractice lawsuit. With more than 65 years of experience and a proven 99% success rate, our firm has the resources, skills, and reputation to effectively advocate for you.
Common Surgical Errors
Surgical errors don’t just happen on the operating table. They can occur at any time during preoperative preparation, the procedure itself, and/or postoperative and follow-up care.
Some examples of common surgical errors include:
- Failure to obtain informed consent
- Ignoring a patient’s medical history
- Anesthesia errors
- Failure to monitor the patient before and during surgery
- Operating on the wrong patient
- Operating at the wrong site/part of the body
- Damaging internal structures/nerves during surgery
- Leaving behind instruments/objects in the body
- Robotic surgery errors due to defective equipment, improper training, etc.
- Poor postoperative/follow-up care
- Failure to monitor the patient following surgery
- Medication mistakes made after surgery (e.g., prescribing the wrong pain medication)
These and other surgical errors can have devastating consequences, leading to catastrophic injuries, irreversible disabilities, and life-threatening complications.
When medical professionals make avoidable mistakes, they can be held liable for patients’ damages, such as medical bills for further treatment (including revision surgery), lost income and wages, pain and suffering, and lost quality of life. When a patient dies due to a surgical error, his or her surviving family members may be entitled to file a wrongful death lawsuit and seek compensation for medical and funeral expenses, lost earnings, and loss of love, companionship, guidance, counsel, and support.
How Do Surgical Errors Happen & Who Is Liable?
Surgical errors happen due to a variety of factors. In some cases, they are truly unavoidable, but most surgery mistakes are entirely preventable. Medical professionals are responsible for properly preparing patients for surgery, obtaining patients’ informed consent, double- and triple-checking procedures to ensure patient safety, and conducting adequate and reasonable follow-up care.
Surgical errors often occur due to:
- Insufficient preoperative planning
- Poor communication
- Unsafe or improper procedures
- Insufficient surgeon training or expertise
- General carelessness
- Alcohol/drug use
- Defective surgical equipment/tools
While medical practitioners themselves are often responsible for surgical errors, they are not always the only legally liable party. In fact, hospitals, other medical facilities, and even product manufacturers could be partially or wholly liable if they are found to have acted negligently or wrongfully, leading to the error.
For example, a hospital that engages in negligent hiring practices—such as failing to conduct proper background checks on surgeons, nurses, and staff—could be held liable if it employed a surgeon with a history of medical malpractice. Additionally, a surgical instrument company that manufactures and sells a defective item that causes serious injuries or deaths could be legally responsible.
At the Law Offices of Pat Maloney, P.C., we understand the many nuances and complexities inherent in these types of cases. Our San Antonio surgical error attorneys work with expert investigators, medical professionals, and other specialists to examine these cases and determine whether the standard of care was breached. We are prepared to handle all the legal details so you can focus on healing.
Why You Need an Experienced Medical Malpractice Attorney
Medical malpractice cases, including those involving surgical errors, are notoriously complicated. It is not enough to prove that you experienced a poor outcome after surgery—you have to establish that a medical provider owed you a duty of care and failed to uphold an acceptable standard of care. You also have to prove that you were injured and suffered damages as a result of this failure.
When you are recovering from a serious injury or condition caused by a surgical error, navigating the legal system is likely the last thing on your mind. By putting an experienced legal team on your side, you put yourself in the best possible position. At the Law Offices of Pat Maloney, P.C., we are ready to use our extensive resources, decades of experience, and aggressive approach to litigation to fight for the maximum compensation you are owed.
Your Time to File a Claim Is Limited
In Texas, there is a two-year statute of limitations on most medical malpractice claims, including those involving surgical errors. This two-year time limit may begin on the date of the injury, or it may begin on the date on which you discovered or reasonably should have discovered the injury. In either case, your time to file a claim is limited; you should not wait until it is too late to reach out to an attorney at our firm.
We encourage you to contact us today to request a free, private consultation. We offer contingency fees, meaning you do not owe us anything unless we win your case. As the oldest plaintiffs’ personal injury law firm in San Antonio, we have a reputation for compassionate client service and winning results. Find out how our team can assist you with your surgical error lawsuit today.
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