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Kentucky Surgical Error Lawyers
Harmed by a surgical error in Lexington or Louisville? Call our attorneys today
There are a number of risks associated with every surgery, but negligence in the performance of a surgery is never a recognized risk or complication. Every year, negligence in the operating room leads to thousands of infections, necessary revision surgeries and deaths.
Crandall & Pera Law represents patients in Kentucky who suffered needlessly after a botched or contraindicated surgery. Such surgeries can lead to exacerbated pain and suffering as well as increased medical expenses. Our compassion and understanding of the difficult times faced by our clients drive us to work tirelessly to pursue their claims.
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What is a surgical error?
The National Library of Medicine defines surgical errors as follows:
A surgical error is an unintentional, preventable injury occurring in the perioperative period that is not considered a known acceptable risk of surgery and could have been avoided by following appropriate procedure-specific training protocols. Surgical errors are a type of medical error and include retained foreign bodies, mislabeled surgical specimens, and wrong-site, wrong-procedure, and wrong-patient errors (WSPEs).
What are common surgical errors?
A surgical error may occur during a procedure, and errors are not necessarily limited to the medical provider’s technique in the performance of the procedure itself. At Crandall & Pera Law, our accomplished team of registered nurses, medical malpractice attorneys and legal staff has taken more than 1,000 cases to trial and secured millions of dollars in verdicts and settlements. Some common cases we help with include:
- Wrongful amputation of an incorrect limb
- Performing an unnecessary surgery
- Reckless disregard for a patient’s or his or her family’s wishes
- Anesthesia errors
- Improper handling and sanitizing of surgical tools
- Failure to preserve an airway during surgery
- Failure to monitor a patient before, during and after a surgical procedure
- Failure to diagnose a hospital-acquired infection
- Failure to diagnose a perforated bowel
- Leaving a foreign object inside the body
- Failing to properly advise a patient about a procedure, including the risks and potential complications
- Wrongful deaths
During our investigation of clients’ cases, we put our vast array of resources to work and do a thorough investigation of the circumstances. By doing so, we help advise clients on any possible course of action for their needs. Our on-staff registered nurses and attorneys work hand in hand with any additional medical experts needed to discover how and why the error occurred. Our attorneys use their previous backgrounds as medical malpractice defense attorneys to anticipate potential defense theories and strategies. Together, we create a comprehensive case strategy tailored to each individual client.
Why do Kentucky surgical errors happen?
Surgical errors can occur for a variety of reasons, and understanding these can help in both preventing and addressing them. Common causes include:
- Inadequate preoperative planning: Failing to prepare adequately for surgery, including not reviewing the patient's medical history, not planning for potential complications, or not having the necessary equipment ready, can lead to errors.
- Communication breakdowns: Miscommunication between the surgical team members or between the surgical team and the patient can result in mistakes, such as operating on the wrong site or performing the wrong procedure.
- Technical errors: These involve mistakes made during the actual procedure, such as accidental damage to surrounding tissues, improper suturing, or leaving surgical instruments inside the patient.
- Human factors: Fatigue, inattention, stress, or lack of experience can all contribute to errors. Surgeons and surgical staff are human and can make mistakes, especially in high-pressure environments.
- Inadequate supervision and training: Insufficient training or lack of proper supervision of junior surgical staff can lead to errors. This issue is especially problematic in teaching hospitals.
- Equipment failure: Malfunctioning surgical instruments or equipment can lead to errors. Equipment errors may include issues with anesthesia machines, monitors, or other surgical tools.
- Infection control lapses: Failure to follow proper sterilization and infection control protocols can lead to postoperative infections, which can complicate recovery and result in additional surgical interventions.
Preventing surgical errors involves a multifaceted approach, including thorough preoperative planning, effective communication, continuous training and education for surgical staff, rigorous adherence to infection control protocols, proper maintenance and checking of equipment, and creating a supportive and well-staffed work environment. Hospitals and surgical centers should also implement safety checklists and protocols, such as the WHO Surgical Safety Checklist, to minimize the risk of errors.
Who is liable for my Kentucky surgical error?
Determining liability for a surgical error in Kentucky involves identifying who was responsible for the error and proving that their negligence caused harm. The following parties could potentially be liable for your harm and injuries:
- Surgeon: The surgeon performing the operation may be liable if the error resulted from their negligence, such as poor technique, inattention, or lack of proper skills.
- Surgical team members: Other members of the surgical team, including anesthesiologists, nurses, and surgical technicians, can be liable if their actions or inactions contributed to the error. For example, an anesthesiologist might be liable for improper administration of anesthesia.
- Hospital or surgical center: The facility where the surgery took place might be held liable if issues such as inadequate staffing, poor training, or lack of proper protocols contributed to the error. It is also possible to hold hospitals accountable for the actions of their employees under the doctrine of "vicarious liability."
- Medical device manufacturers: If the surgical error was due to a malfunctioning or defective medical device or instrument, the manufacturer or distributor of the device could be liable.
- Pharmaceutical companies: In cases where medication errors contributed to the surgical error, the pharmaceutical company might be responsible, especially if there was a problem with the medication itself.
- Supervising physicians: In teaching hospitals, supervising physicians who fail to properly oversee the work of resident surgeons or medical students might also be liable.
To pursue a claim for a surgical error, you would typically need to establish the following elements:
- Duty of care: The healthcare provider must owe you a duty of care. Having a doctor/patient relationship will often satisfy this element.
- Breach of duty: You must show that the healthcare provider breached this duty through negligence or substandard care.
- Causation: You will need to demonstrate that this breach directly caused your surgical error and resulting harm.
- Damages: You must show that you suffered harm, such as physical injury, additional medical expenses, lost wages, and pain and suffering, as a result of the surgical error.
Given the complexity of surgical error cases, it is advisable to consult with the experienced Kentucky medical malpractice attorneys at Crandall & Pera Law. We can help investigate the circumstances of your injury, gather evidence, identify liable parties, and work through the legal process to seek compensation for your injuries.
What is the value of my Kentucky surgical error case?
The value of a surgical error case in Kentucky depends on various factors, including the severity of the injury, the impact on your life, and the specifics of the case. Key factors that can influence the value of your case include:
- Medical expenses: Compensation can cover all medical costs related to the surgical error, including hospitalization, surgery, medications, rehabilitation, and future medical care.
- Lost wages and earning capacity: If the surgical error caused you to miss work or affected your ability to earn a living in the future, you can seek compensation for lost wages and diminished earning capacity.
- Pain and suffering: This includes compensation for physical pain, emotional distress, and the overall effect on your quality of life. Severe and long-lasting pain and suffering generally increase the case's value.
- Permanent disability or disfigurement: If the surgical error resulted in permanent disability or disfigurement, the compensation amount may be significantly higher due to the long-term impact on your life.
- Loss of consortium: This refers to the negative impact on your relationship with your spouse or family due to the injury. Compensation can be sought for loss of companionship, affection, and support.
- Settlement vs. trial: Many cases settle out of court, which can influence the compensation amount. A settlement may be lower than a potential trial award but offers a quicker resolution.
Given these variables, it is challenging to estimate the value of your surgical error case without a detailed analysis of the specifics. Consulting with the experienced medical malpractice attorneys at Crandall & Pera Law is essential for a precise evaluation. We can assess the details of your case, calculate potential damages, and provide guidance on pursuing your claim.
Find out more about your Kentucky surgical error claim
A surgical error could cost you more than just lost wages or medical expenses: it could change your entire quality of life. Crandall & Pera Law knows how to approach complex medical malpractice cases involving surgical errors. To schedule a free consultation at one of our offices in Kentucky, please give us a call or fill out our convenient contact form. We maintain offices in Lexington and Louisville for your convenience.