Medical professionals enter this field for many reasons. However, most people who decide to work in hospital or outpatient environments have some desire to help and heal others. As prospective physicians, surgeons, and specialists move through their education and training, they will eventually select a specialty where they feel they can make the most meaningful contributions. For instance, medical students who find themselves interested in the nervous system and the brain may gravitate towards a career in neurosurgery. According to the American College of Surgeons, “Neurological surgery encompasses treatment of adult and pediatric patients with disorders of the nervous system: disorders of the brain, meninges, and skull, and their blood supply, including the extracranial carotid and vertebral arteries; disorders of the pituitary gland, disorders of the spinal cord, and vertebral column, including those which may require treatment by spinal fusion or instrumentation; and disorders of the cranial and spinal nerves throughout their distribution.” In other words, the field of neurosurgery is extremely technical, complex, and delicate, and those interested in becoming neurosurgeons must attend extensive training (i.e., at least 72 months, in most cases). Patients who undergo neurosurgery are placing a considerable amount of trust in the hands of these surgical professionals.
Although most neurosurgeries proceed successfully and without incident, there are times in which a neurosurgeon may act negligently or compromise the health and safety of the patient in some way. Unfortunately, even momentary lapses in attention or focus can lead to devastating consequences, such as physical injury, paralysis, impaired brain function, or even death. If you suspect that you or a loved one has been the victim of neurosurgery malpractice in Washington state, it’s essential that you share these concerns with a highly qualified and experienced medical malpractice attorney to understand your legal rights and options. As Seattle’s go-to medical malpractice firm, Menzer Law is deeply committed to helping our clients pursue the damages they deserve while ensuring that justice is restored. We offer complimentary case reviews so that we can ensure that your case aligns with our specialized areas of expertise, allowing us to concentrate our efforts on cases where we can have the most profound impact. Let’s take a closer look at how neurosurgery malpractice cases typically unfold in Washington state and some of the steps you can take to maximize your chances of obtaining a fair and just outcome.
Identifying Surgical Errors in Washington State
Surgery carries certain inherent risks. For example, the age and current health of a patient may put them at greater risk of an adverse outcome, so it’s up to the patient and their team of healthcare professionals to weigh the potential risks against the likely benefits of the proposed surgical procedure. However, there are instances when surgical errors can be considered medical malpractice, therefore entitling the victim to compensation and other potential legal remedies. Essentially, a surgeon whose negligent conduct fails to meet the accepted standard of care required of their profession may be held liable for their errors. Below are just a few examples of surgical errors that may constitute malpractice in King County or Pierce County.
Surgical Error Due to Incorrect Site
Distracted or negligent surgeons may operate on the wrong surgical site. For instance, they may make an incision on the left knee instead of on the right, where the actual injury is located. Wrong-site surgeries are preventable and can be egregious, leading to significant health complications and unnecessary risks (i.e., internal injuries, infections, etc.) because of the surgeon’s negligence.
Retained Surgical Items
As distressing as it may sound, it’s not impossible for surgical tools to be left inside the patient. A careless mistake, like leaving a sponge or tool inside the patient without noticing, could lead to infection, pain, and the need for additional surgical procedures. These cases arise due to the negligence of a surgical professional and may entitle the victim to file a medical malpractice claim to recover the compensation they are owed.
Severe Surgical Mistakes
Sometimes, a surgeon or medical professional simply makes an egregious error during the procedure that leads to significant complications in the patient. Failing to sterilize the surgical site, moving too quickly through the procedure, or other instances of carelessness on the part of the surgeon can result in adverse consequences like sepsis, paralysis, permanent nerve damage, or even death.
Recognizing Neurosurgery Malpractice in King County
While any surgical error may lead to severe health complications, a neurosurgeon’s negligence can be especially damaging. Since neurosurgery concerns highly vulnerable areas of the body, such as the brain and spinal cord, any minor mistakes can trigger severe and lasting consequences. For instance, a trembling hand can nick an important nerve, causing lasting nerve damage or even paralysis. Since neurosurgery is already considerably risky, how can someone know whether their situation allows them to file a neurosurgery lawsuit in the greater Seattle area? It helps to review some of the key legal elements that are necessary to pursue a medical negligence claim in Washington state, as set forth in RCW 7.70.040.
A Duty of Care Existed Between the Doctor and the Patient
The first element of a neurosurgeon malpractice lawsuit is establishing that a physician-patient relationship existed at the time of the incident. For instance, you can include medical records or surgical bills to show that you trusted this medical professional to treat you in a hospital or surgical setting. Moreover, the nature of the doctor-patient relationship requires the medical professional to uphold the duty of care owed to you by the professional standards and guidelines of the surgical field. Once you have provided documentation that a formal doctor and patient relationship existed, you can move forward to address the next element of your neurosurgery lawsuit.
The Neurosurgeon Breached the Duty of Care Owed to You
Next, you will need to provide evidence that the neurosurgeon failed to uphold the duty of care they owed to you as their patient. In other words, their negligence or carelessness was a breach of that duty of care owed to you. In order to show that the neurosurgeon’s mistake was a breach of the duty of care, you and your attorney may turn to expert witnesses to describe how a similarly qualified neurology professional would have acted under these circumstances, and how the neurosurgeon in question deviated from these professional standards and expectations. Simply put, the neurosurgeon failed to act according to how other, similarly-qualified neurosurgeons would have acted under the same set of circumstances—and this failure led to adverse health outcomes.
The Breach of Duty is a Proximate Cause of Your Injuries
This element of neurosurgery malpractice cases can take time to establish. Essentially, you and your medical malpractice attorney will need to draw a direct line between the neurosurgeon’s breach of duty and the physical, psychological, and emotional damages you suffered as a result of their negligence. Most hospitals and surgical facilities (and their insurance carriers) will work hard to fight this element of the claim in order to avoid liability. For example, they may claim that your preexisting condition caused the resulting injuries—not the neurosurgeon. However, you and your medical malpractice lawyer can work together to identify the most clear and compelling forms of evidence that establish the neurosurgeon’s responsibility for your injuries.
You Are Entitled to Compensatory Damages for the Harm You Suffered
The final element of a successful medical malpractice claim is demonstrating that the harm you suffered at the hands of a negligent medical professional is quantifiable and entitles you to recover compensation. Many of the damages you sustain can be calculated using the medical bills, lost wages, and other direct costs associated with the injury, paralysis, infection, or other harm you suffered because of the neurosurgeon’s negligence. However, your attorney can help you seek additional compensation for the emotional and psychological impact of this harrowing and traumatic incident.
Begin Your Legal Journey Today
When you consent to undergo surgery, you are placing your trust in the hands of a capable medical professional who owes you a duty of care to put your safety and wellbeing first and foremost. Unfortunately, a negligent neurosurgeon may jeopardize your health and leave you with even more medical complications and challenges than before you underwent the surgical procedure. If you or a loved one believe you have been the victim of neurosurgeon malpractice, you can take several steps to determine whether you are eligible to recover the compensation you need to support the costs of the recovery. Gathering medical records, seeking a second opinion, and contacting Seattle’s trusted medical malpractice firm, Menzer Law, are the best ways you can set yourself up for a successful and just outcome. Due to the considerable complexities of proving malpractice in Washington state, our experienced team of surgical error attorneys, medical malpractice lawyers, and legal support staff is ready to offer you comprehensive legal guidance from the outset and advocate vocally for your rights at every opportunity.
Menzer Law has specialized in the field of medical malpractice for over two decades. Our knowledgeable team is highly skilled at managing the complexities of healthcare-related negligence and is fully prepared to help you file a claim or lawsuit to recover the compensation you deserve. Since we are selective in the cases we take, we can focus our expertise and resources on the cases where we believe we can make the most significant impact. Contact our Seattle office today at (206) 903-1818 for a complimentary case evaluation.