Understandably, surgery is a delicate and intricate event. Every member of a surgical team has undergone extensive training so that they can complete these procedures safely and effectively. However, even if you are undergoing a “routine” surgical procedure, it’s natural to feel apprehensive about putting your health and well-being in the hands of others. We want to trust that the surgery will go as smoothly as possible and that the medical staff will be able to resolve any potential complications without subjecting the patient to additional risks. Unfortunately, there are circumstances in which a surgeon, nurse, or anesthesiologist can act negligently or recklessly, leading to a surgical error that creates significant complications and harm. Patients who suffer surgical errors may face complicated physical recoveries that require further complex medical interventions and treatments. In some cases, the surgical error may cause serious permanent damage, such as paralysis or loss of brain function. Regardless of the specific circumstances of the surgical error you suffered, such a traumatic incident can affect your life in many ways and lead to unanticipated—and often devastating—consequences.
As overwhelmed and shocked as you may feel after suffering a surgical error at the hands of a medical professional you trusted to protect your safety, it’s important to understand that you may have options for redressing this betrayal of your trust. Washington State allows those injured by negligent medical providers to seek compensation from the at-fault party in order to assist with the considerable financial costs of the recovery process. Other damages that an injured party can recover include past and future lost wages, and past and future physical and emotional pain and suffering that stem from the surgical error. If you or someone you love suffered a surgical error or another form of medical negligence, consider contacting Menzer Law Group to discuss your legal options. As Seattle’s go-to medical malpractice law firm, we believe firmly in empowering our clients to regain control of their lives after a devastating injury. We purposely select cases where we think we can have the most profound impact, and this selective approach allows us to channel our focus and resources directly to the clients we serve. Let’s take a look at how medical negligence lawsuits typically unfold in Washington and some of the legal options for surgery errors that may be available to you and your family.
Defining and Identifying Surgical Errors in Washington State
Any surgical procedure carries some level of risk. So, how can you tell if you suffered a surgical error during the procedure? Generally speaking, 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.” In other words, surgical errors occur when a medical provider negligently fails to follow treatment or safety protocols, causing a preventable injury to the patient. There are many types of surgical errors that can occur, a few of which are explored in some detail below.
Wrong-Site Injury
Some surgical errors occur when the surgeon or hospital staff conducts the surgical procedure on the wrong site. For instance, operating on the left knee when the patient needed knee replacement surgery on their right knee is a clear example of a wrong-site injury. During the preparation for surgery, medical staff must take the time to check (and re-check) that they will be operating on the correct area of the patient’s body. Suffering a wrong-site injury can lead to unnecessary pain, complications, and a long physical recovery.
Retained Surgical Instruments
Another example of a surgical error that can cause significant complications involves leaving surgical items or instruments inside the patient’s body. A small sponge, gauze, or even a surgical tool can fall into the surgical site and be left behind when the procedure is completed. After the surgical procedure, the patient may experience pain or develop an infection due to the retained foreign body that remained inside them. These types of errors often require additional surgical procedures, many of which carry additional risks.
Severe Surgical Mistakes
In some cases, a surgeon simply makes an egregious error during the procedure. For example, they may cut or puncture a vital organ, leading to life-threatening bleeding or other extreme complications. Brain and heart surgeries can be especially risky, as the slightest error can result in adverse conditions like sepsis, paralysis, or permanent nerve damage.
Failure to Timely Diagnose Surgical Complications
During a surgical procedure and in the post-operative period, healthcare providers must monitor the patient closely to promptly identify and treat any complications as they arise. Failing to watch for or appropriately respond to complications can lead to serious delays in diagnosis and treatment, which can severely worsen patient outcomes.
How to Prove Medical Negligence in Washington State
Proving medical negligence can be a considerable endeavor, especially for those who are already coping with painful injuries and the financial, emotional, and disabling consequences of a surgical error. However, with a highly experienced and caring medical malpractice legal advocate by your side, you can build a strong claim and move forward with legal actions to remedy the surgical mistake that has upended your life. The following elements must be established by strong evidence in any medical malpractice or surgical error lawsuit. All of these elements must be proven in order to recover the compensation you need to start putting your life back together after such a traumatic event.
Establishing Duty of Care
First, you and your legal advocate will need to provide evidence showing that a physician-patient relationship existed at the time of the surgery. In other words, you put your health and safety in the hands of a licensed medical provider, and this healthcare professional owed you a duty of care. You can provide proof of the doctor-patient relationship by submitting medical bills from the surgeon’s office or the medical records from the surgery or hospitalization showing that you were an established patient of the practitioner at the time of the surgery.
Showing Breach of the Duty of Care Owed to You
Next, you can show that the medical provider you entrusted with your care failed to uphold their duty to provide you with the proper, professional care. Essentially, you must establish that this individual or entity acted in a negligent manner by securing the expert testimony of other qualified medical professionals who can explain how providers in the same medical specialty would have acted under the same or similar circumstances. Simply put, you need a medical expert to testify that the defendant medical professional failed to uphold the standard of care in such a situation.
The Surgical Error Led to Your Injuries
Sometimes, the most challenging aspect of establishing a medical malpractice case is drawing a direct line between the negligent surgical error and the resulting injuries. Your knowledgeable legal advocate can work with you to secure the evidence needed to establish this causal link. The testimony of qualified medical experts is most often needed to establish what injuries were caused by the surgical error (i.e., their negligence caused permanent nerve damage). Ultimately, you need to provide compelling documentation and evidence showing that the medical professional’s mistake caused you real harm.
The Injuries Entitle You to Compensation
The final element of a medical malpractice claim is showing that the injuries you suffered at the hands of a negligent surgeon caused you damages. Here, you must demonstrate that the surgical error led to financial losses for items such as past and future hospital bills, physical therapy bills, and time off from work. You may also seek financial damages for the physical and emotional pain and suffering you endured as a result of this traumatic event. Emotional injuries may include depression, anxiety, post-traumatic stress disorder, and other adverse psychological conditions.
Frequently Asked Questions (FAQs) About Surgical Errors and Malpractice Cases
Coping with the aftermath of a surgical error can be overwhelming and stressful. As you begin to explore your options for recovering the compensation you need to aid in your recovery, it’s natural for many questions to arise. Here are two of the most frequently asked questions (FAQs) about surgical errors and medical malpractice claims in the greater Seattle area to get you started.
Can I Sue For a Surgical Error Even If It Was Unintentional?
Yes. As long as you can provide clear and compelling evidence that shows how the at-fault party acted negligently, that is, breached the applicable standard of care. Proving such negligence on the part of a surgeon or medical professional is the cornerstone of a successful medical malpractice claim in Washington State.
How Long Do I Have To File a Surgical Error Lawsuit in Washington State?
Generally speaking, Washington gives victims of surgical errors three years from the date of the injury in which to file a personal injury or medical malpractice claim. There are exceptions to this general rule. If you are concerned about the timeline, it’s worth reaching out to an experienced and knowledgeable Seattle medical malpractice legal professional who can help you stay on track and file your claim before the statute of limitations expires.
If you or a loved one has suffered a surgical error at the hands of a medical professional, it’s important to seek the guidance and support of a highly qualified and experienced Seattle medical malpractice attorney who can help you identify the most strategic path forward. At Menzer Law Group, we carefully manage our caseload to ensure that we deliver the best possible legal services to every client from start to finish. We intentionally take on a limited number of cases where we believe we can have the most significant impact. Please contact our office today at (206) 903-1818 to arrange a complimentary review of your claim.
