Every year, at least 4000 surgical errors occur in the U.S, with Chicago city having the highest number of cases compared to the others.
There are various reasons why there are so many failed surgery cases in the US. To keep a hold on these stats, there must be standardized rules and regulations, adequate training, and communication among the surgical team.
Common surgical errors include the surgeon operating on the wrong body part or side of the body and performing a surgery that wasn’t even needed. Another common mistake happens when a surgeon leaves behind a surgical instrument in the body.
The consent form you sign before the surgery, acknowledging surgery risks, doesn’t absolve the surgeon and hospital of surgical errors.
If you are from Chicago, and you’re dealing with a failed surgery, you should consider consulting a Chicago surgical error lawyer. A professional lawyer can help you make an insurance claim or file a lawsuit for damages as a victim of faulty surgery.
What to Do
Faulty surgeries may leave you with financial burdens, pain, and suffering. While every surgical error case is unique, you can look forward to a favorable outcome in recovering economic and non-economic damages by following the steps.
- Seek and Document Follow Up Care
Seek immediate medical care if you experience post-surgery complications. Keep note of the symptoms you experience, which may include, but aren’t limited to, swelling and redness around the surgical site, intense pain, and fever. Document this follow-up care, including the doctor’s report, prescriptions, and medical bills.
Your first option should be the physician who performed the surgery. Communicate with them and allow them to correct the mistake. Ensure you keep a detailed record of this communication.
You can also get a second opinion. In addition to providing the medical care you need, another physician can provide invaluable insights into whether the first physician acted negligently. If so, you will also have an expert witness should your case proceed to litigation.
- Gather Evidence
Take pictures of the surgical site and any other body part showing symptoms of post-surgery complications. Photographic evidence that draws attention to your suffering improves the chances of a favorable outcome. Ensure you act fast, as bruising and swelling may fade within days.
If you feel that something has, or may have gone wrong with your surgery, put together a list of names of medical staff, as well as relevant dates. Act fast while your memory of the events is still fresh.
Also, request copies of your medical records. These include doctor notes, prescriptions, and other records that you can use to establish liability. As your surgical errors attorney advises, don’t sign anything at the hospital before checking with the lawyer. You may unknowingly sign a waiver releasing the hospital and its staff from legal liability, waiving your right to sue.
- Contact a Surgical Errors Lawyer
While most attorneys may have some medical malpractice experience, surgical error cases can be incredibly complex. You need a lawyer with experience and success in providing medical malpractice in faulty surgery cases.
This involves proving the applicable standard of care and how the defendant in your case deviated from this standard of care. Your lawyer will further demonstrate how the defendant’s substandard care led to your injuries and suffering after the surgery.
The lawyer will then review the facts of your case and file a claim. Your lawyer will build a strong case and negotiate a fair settlement offer. If the parties involved cannot agree to a settlement, the lawyer will represent you in court at trial.
Why You Must Act Fast
There is a two-year statute of limitation on medical malpractice claims in Chicago. The sooner you can contact a lawyer and initiate a claim, the better. You should immediately make a full recovery to file your claim.
The clock starts running as soon as you know or should have known about the harm you suffered because of surgical errors. File too late, and the lawyers acting for the other side may argue that you already knew or should have known of the injuries for longer. Trust your instinct, and act when you feel something is wrong.
Experiencing a failed surgery can be a traumatic experience, but you need to act quickly to ensure that you receive proper medical attention and legal assistance. Contact a lawyer for a free case evaluation and competent legal guidance through every step of your surgery errors case.