Can You Sue Your Surgeon For Medical Malpractice?

Attorney Michael Perez | 888-981-5602 | Free Consult

"A surgical error is a preventable mistake that occurs during a surgery…that is a violation of what we call the standard of care or the norms of practice that then goes on to cause an injury in a patient. When we have that combination of errors, that is something that usually equates to medical malpractice."

Did something go wrong during a surgery? Are you wondering if you can sue your surgeon for medical malpractice?

Michael Perez is an injury attorney with Warshauer Law Group in Atlanta, Georgia. In this video, he explains why talking to an attorney will help you understand how and if medical malpractice took place. The medical system is complicated, and an attorney will guide you in making sure that you receive the care and compensation you need. You need someone in your corner who can seek correct answers and resolutions.

To learn more, contact the attorney directly by calling 888-981-5602 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Key Takeaways From Michael Perez

Sometimes, says Perez, doctors, hospitals, or other medical practitioners will inform a patient or their family when a medical or surgical error occurs. However, in most cases, this does not happen. Instead, patients find out that there is something wrong—that an error has been made—in the aftermath of a medical procedure. Their pain will get worse, or they will notice that their problem has not gone away or been solved.

Understand what medical malpractice is—and if it has occurred—before you pursue legal action.

To understand whether or not medical malpractice has taken place, attorneys will often look at a hospital’s medical records for the patient where the procedure occurred. Often, there will be operating notes indicating what the surgeon saw and did during the procedure, and these can give an indication as to what happened to the patient. For example, if you are having surgery performed on your left knee, and the surgeon performs the procedure on your right knee, that is a very clear indication that malpractice took place—the operation was not done in the right place.

Many instances of medical malpractice are not so easily found. As noted above, errors will often be felt or discovered by the patient during the post-operative period. In these cases, attorneys can use nurses’ notes and patient testimony and records to pinpoint the cause and effects of the error.

Consult another doctor in the same field if the findings are still inconclusive.

As a final step, says Perez, attorneys will often seek out a surgeon or medical professional with the same specialty and skills as the doctor who performed the procedure initially. These doctors can assess patients and their records and quickly figure out whether or not a symptom the patient is feeling is normal or is indeed the result of an error on behalf of the practitioner. These doctors can give strong testimony in a potential case that helps convince a jury that malpractice was performed.

Attorneys can help you figure out if an error was preventable and which next steps you can take.

There are situations where, even with excellent treatment and a healthful environment, unavoidable or unpredictable issues arise that would not have been preventable. Medical malpractice cases stem from issues where necessary steps were skipped, caregivers made egregious or preventable mistakes, or the chain of care was interrupted somewhere it should not have been.

Perez gives the example of surgical sponges—during many procedures, they are used to clean the patient and any excess bodily fluids from the surgery. However, there have been cases where these sponges have been left inside patients—for example, during lung surgery—and caused pain and harm to these patients after they have been through the surgery.

This is the type of case where having an attorney is a great benefit to you—you are able to collect evidence of the malpractice and, in doing so, receive the damages you are entitled to.

To learn more, contact the attorney directly by calling 888-981-5602 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.

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