Four Times to Consider a Medical Malpractice Claim After Surgery

Medical malpractice is a serious issue. If you think that you have been the victim of medical malpractice, working with a medical expert witness could help to give your legal case a boost. Consider these four times in which you may want to file a medical malpractice claim after surgery.

1. You Experience Severe Complications

Any surgery comes with some level of risk. Those risks should be explained to you before you agree to have the surgery. Some of the risks involved with surgery include complications, such as side effects of general anesthesia. For example, aspiration pneumonia is a severe complication that happens in rare circumstances after a person has received general anesthesia. If you experience severe complications after surgery, it could be a medical malpractice claim. A medical expert witness could help to explain your position to the court or jury.

2. The Doctor Does Not Provide You With Appropriate Follow-up Care

When you have surgery, you will need post-operative care. The type of post-operative care that you need will depend on the type of surgery, your overall health and other circumstances related to your situation. If the doctor does not provide you with appropriate follow-up care after surgery, you might have a case for medical malpractice against the physician. For example, if you had surgery to decompress your ulnar nerve, the physician should schedule a follow-up visit to check on and remove your sutures within 14 days after surgery. If you are left in the lurch, you could have a malpractice case.

3. The Wrong Procedure Was Performed

Before you have surgery, the surgeon and anesthesiologist should confirm with you which procedure or procedures are being performed. In most cases, doctors will actually write their initials on your skin near where the surgery will take place. You will confirm that it is the correct body part. If you wake up and find that the wrong procedure was performed or the correct procedure was performed on the wrong body part, you may wish to contact a lawyer about a medical malpractice case against the surgeon and other medical staff.

4. The Doctor Caused a New Problem and You Were Not Informed of the Risk

In rare cases, a surgery may cause a brand-new problem. For example, if you need to have your ovaries removed because of cysts or cancer, you may be thrust into menopause. The surgeon should inform you of what to expect. If, during the course of surgery, the doctor damages your bladder, this could be medical malpractice. The ovaries are not near the bladder, and there should have been no risk to that body part.