Serious Lawyers for Serious Injuries

Surgery Malpractice Requisites

Published on Aug 1, 2019 at 12:11 am in Medical Malpractice.

At some point in our lives, we all will likely be forced to have a surgery to guarantee our good health, whether it’s to operate on an organ, or to fix a broken bone. In almost every case, we are in and out of surgery without issue and continue on with our lives. Sometimes things don’t go according to plan and unforeseen accidents occur. In these instances, a patient’s well-being can take a drastic turn for the worse and they then find themselves victims of surgical malpractice. There are many ways a surgery can go wrong, but it isn’t always a case of negligence or malpractice – your first move should be to contact an Albuquerque medical malpractice lawyer to go over the conditions that must be met before seeking damages.

First, you need to determine which form of surgical malpractice you are dealing with. Were you the victim of a surgery that didn’t need to be performed? Sometimes a misdiagnosis leads to an unnecessary surgery. Maybe the surgery was performed in the wrong location on your body and an organ that didn’t need to be removed was taken out. An oddly common horror story is surgical instruments being left in a patient’s body; interestingly, there was a popular commercial some years ago about a doctor leaving their phone in the patient. Maybe the surgeon’s hand slipped and nicked an artery or nerve that leads to impaired bodily function. The last possibility is that due to lack of preparation or negligence, an infection developed at the site of the surgery.

As you prepare your case with an Albuquerque medical malpractice lawyer, you must prove that the surgeon failed to provide the proper level of care and consideration during your operation as well as what the surgeon did wrong and what they should have done properly. On top of all of that, you must prove that their alleged error caused you harm and pain. If you can prove those things alongside your lawyer, you have a good chance of winning your case against the surgeon and hospital at large. Be warned, doctors and surgeons have strong insurance and legal teams to mitigate malpractice claims, so you face an uphill battle.

Surgical malpractice carries immense weight and can cause detrimental effects to your health, if not outright, unexpected death. Almost all surgeries finish without complication, but for the ones that don’t, legal representation via a medical malpractice lawyer is a must. If you, or a loved one, has experienced surgical negligence, contact our attorneys immediately to go over the details of your case and we can advise how to best proceed.

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