Wrong-Site Surgery As Medical Malpractice
We put a lot of faith into doctors and other medical staff. Quite literally, our lives are often in their hands and rightfully so. Doctors and nurses are highly qualified, trained and skilled professionals that treat, heal and save lives daily. And while mistakes are made in every profession, when doctors and nurses make mistakes, unfortunately the consequences can be distressing and even fatal.
Say for example, you’ve been working with a team of medical professionals to remove a cancerous kidney. You head into surgery for a life saving operation only to wake up and find out the surgeon removed the wrong kidney and needs to operate again. Not only that, but as a result, you’ll have to be on dialysis for the rest of your life. This type of malpractice is called ‘wrong-site surgery’ and is not only completely preventable, but can leave a patient with a reduced quality of life or even result in death.
If you’re a victim of wrong-site surgery, you are legally entitled to file for damages under established medical malpractice laws. However, you’ll need an experienced medical malpractice attorney who’s knowledgeable about both standard medical practices and local state law in order to get you the justice and compensation you deserve. You shouldn’t have to suffer for someone else's negligence and the law is on your side.
Contact a Pennsylvania medical malpractice lawyer immediately to start building your case.
What is Wrong-site Surgery
Wrong-site surgery can be operating on the wrong body part, the wrong side of the body or even on the wrong patient. Even if this seems thoughtless, far-fetched and egregious, it was one of the most common, devastating and deadly malpractices from 2016-2018.
What is Medical Malpractice
Medical malpractice occurs when a health care professional neglects to provide adequate treatment, fails to take an appropriate action, or provides care that is below the standard which then results in harm, injury, or death to a patient. According to the Medical Malpractice Center, there are approximately 15,000 to 19,000 medical malpractice lawsuits in the United States annually.
Examples of Malpractice are as Follows:
Misdiagnosis or failure to diagnose
Unnecessary surgery
Surgery on the wrong person or body part
Premature discharge or failure to provide follow up care
Failure to order necessary tests or act on the results
Errors in prescription medication and dosage
Leaving surgical tools or medical supplies inside a body
Proving Medical Malpractice
First and foremost, when something tragic and unpredictable happens to a patient, or if a patient receives a poor outcome, it doesn't mean malpractice occurred. In order for malpractice to be established, a medical professional has to knowingly deviate from the proper standard of care which directly results in harm or death to a patient.
In the state of Pennsylvania, to prove medical malpractice, injuries must meet certain legal requirements:
A Violation of Standard of Care
Undue Harm/Death Was a Direct Result of the Deviation
Verifiable Harm/Death was Caused to the Patient
Any Malpractice is Confirmed and Certified by Another Medical Professional
Thankfully, medical malpractice laws protect patients and allow them to recover compensation from any damages and suffering that resulted from substandard treatment. However, in order to have a successful case, you will need a highly qualified and experienced medical malpractice attorney that is knowledgeable about both medical practices and local state law. If you think you have a case, contact the law offices of Jay L. Edelstein Law. We have the decades of experience you need to get you the compensation you deserve.