Sometimes undergoing surgery is a necessary step in order to protect our health and wellness. Even for people who have undergone multiple procedures, however, surgery can be daunting. There are so many variables outside of our control, particularly when we are under anesthesia. In some cases, surgeries are unsuccessful for reasons that are out of the medical professional’s hands. But in other cases, the doctors or nurses involved in the operation make mistakes that cause serious and devastating injuries for the patient. When this happens, the victim can bring a medical negligence case against the professionals or hospital responsible for the mistake. A skilled Massachusetts medical malpractice lawyer at The Law Offices of Barry Feinstein and Affiliates PC can evaluate the facts of your case and help you determine what your legal options may be.Types of Surgical Errors
The Massachusetts medical malpractice laws acknowledge that sometimes the outcome in a medical case is not the doctor’s responsibility. But when a doctor operates on the wrong body part or leaves instruments inside the patient, that is the doctor’s responsibility. There are many different ways that a mistake can be made during the course of a surgery. Surgeons, anesthesiologists, and nurses have certain duties and standards of care that they must adhere to during the procedure. If an anesthesiologist miscalculates the dose of anesthesia that a patient requires, the patient may wake up during the surgery resulting in unimaginable pain and shock. An anesthesiologist can also administer too much anesthesia.
If a nurse does not make correct notes in the patient’s file about drug reactions and allergies, the patient may be given a medication that causes serious complications or even death. Nurses are also usually in charge of helping the surgeon monitor the patient’s vitals during the surgery. If a nurse fails to perform this task, the patient could crash during the operation.
Many technological devices are used in today’s surgical procedures, but these devices are not always operated safely. A doctor may not have sufficient training to use the device correctly, or the device may malfunction due to a defect during the procedure. In this case, the patient may have a claim against the manufacturer of the medical device as well as the surgical team and hospital.
Finally, doctors and hospitals have a duty to ensure that they provide sufficient post-surgical care to a patient. This includes monitoring for infection and making sure that the patient is on the road to recovery.Medical Malpractice in Massachusetts
There are countless injuries that can result from surgical errors. Some common examples include brain damage due to lack of oxygen, stroke, paralysis, brain injuries, infections, internal bleeding, surgery on the wrong body part, surgery on the wrong patient, objects left inside the patient, and even death. If you experience a negative outcome due to a surgical team member’s lack of adequate care and attention, you can potentially bring a medical malpractice claim to recover compensation. The first step involves showing that the defendant failed to use the same level of care and skill that a similarly trained medical professional from the same region would have used when treating a patient with a similar medical history and symptoms.
Next, you must prove that the injuries you sustained due to the surgical error were the direct and foreseeable result of the defendant’s lack of care. If the defendant can show that you would have suffered the injury anyway due to you pre-existing conditions or other factors, then you may be barred from recovering compensation.
The last step of the lawsuit involves establishing the amount of compensation that you are entitled to receive. There are a few different categories of damages that are available to plaintiffs in medical malpractice cases, such as past and future medical expenses associated with your injuries. A seasoned medical malpractice attorney can help you ensure that you seek the full amount of compensation available.Massachusetts Lawyer for Victims of Medical Malpractice
If a surgical team member’s careless actions caused you to suffer painful and debilitating injuries during or after a surgery, a seasoned medical negligence attorney at our firm is standing by to assist you in exploring your right to compensation. We are available to serve clients in areas around Boston, Cambridge, Waltham, Newton, Somerville, Quincy, Lowell, Dedham, Brookline, Norwood, and Peabody. We offer a free consultation to help you learn more about our team and how we can assist you. Call us at 1-800-262-9200 or contact us online to get started.