Surgeries are delicate processes. Surgeons must receive extensive training to complete these procedures safely and, once they receive their medical license, must uphold a certain duty of care while treating patients. Any surgical error can cause serious harm to a patient.
If you are the victim of a surgical error, you may have grounds for a medical malpractice lawsuit. The Kansas City surgical error attorneys at Goza & Honnold, LLC can help you hold the negligent surgeon accountable for his or her actions, securing the compensation you need to recover.
Why Choose Us
- Our firm believes that effective representation requires integrity and professionalism. Our clients can expect excellence with our legal services.
- Our attorneys have recovered millions of dollars on behalf of our clients. We will always advocate for your maximum compensation.
- We practice empathy and compassion throughout the case process. Your attorney will take the time to learn your story and answer any questions you may have.
Common Types of Surgical Errors
A surgical error occurs when a surgeon makes a preventable mistake during a procedure. While all surgical procedures carry some type of foreseeable risk, a surgical error would not have occurred but for the actions of the surgeon.
Examples of surgical errors include the following:
- Unnecessary amputation.
- Performing the wrong procedure.
- Performing surgery on the wrong body part.
- Failure to monitor a patient post-surgery.
- Administering too much or too little anesthesia.
- Injuring a nerve during surgery.
- Leaving a piece of surgical equipment inside a patient.
These errors can result in serious pain, emotional trauma, and a worsening condition. You may incur additional medical expenses, lose weeks or months of wages while in recovery, and develop permanent physical disabilities and psychological trauma due to the experience. You can recover compensation for these losses by filing a surgical error lawsuit against the at-fault medical professional.
How to Prove a Surgical Error Lawsuit
To secure compensation after a surgical error, you will need to prove that the at-fault surgeon committed an act of negligence. You must also prove that a similarly trained and reasonably prudent surgeon would not have committed the negligent act under the same circumstances. To prove negligence, you will need to provide evidence to support four key elements.
- The surgeon must owe you a duty of care at the time of the surgery. All surgeons who treat patients in a professional capacity owe a duty of care.
- The surgeon breached his or her duty of care through a negligent act or omission.
- The breach of duty directly caused your injury.
- You suffered damages, such as medical expenses and lost wages, that you can collect in your lawsuit.
For example, say you undergo surgery and you lose your right leg to unnecessary amputation. You can establish a duty of care with your medical records, proving the surgeon performed the surgery. Your medical records can also establish a breach of care by showing which surgery you actually needed, proving that the amputation took place wrongfully.
Your attorney can enlist the help of medical expert witnesses who can provide insight into the surgeon’s actions and the extent of your injuries. Medical bills, paystubs, journal entries, and other documents can prove your right to damages.
Contact Goza & Honnold, LLC Today
If you are the victim of a surgical error, you deserve financial compensation. The attorneys at Goza & Honnold, LLC can represent you in your claim against the negligent surgeon, holding him or her accountable for the damages you suffered.
Contact our firm to schedule a free consultation. During your appointment, your attorney will review your case and explain your options for legal action.