Surgical injuries are relatively common. Usually, one of the risks presented to patients in advance of surgery is potential injury to some of the surrounding anatomical structures. Knives can slip, even within the most careful hands. Cases of surgical negligence become viable medical malpractice suits when the surgical injury goes either unrecognized, or worse, ignored.
If a surgeon cuts the wrong structure and fails to recognize the error, negligence ensues. On the other hand, if a surgeon cuts the wrong structure during surgery, immediately recognizes and does everything he or she can to repair the error; any charge of negligence is far more difficult to prove. Often, the surgical error is apparent in the dictated operative note. The records must be carefully examined in order to determine whether there was a deviation from the standard of care, thus resulting in injury.
If any of the above descriptions apply to you, and you would like to discuss your legal options, contact The Skolnick Law Firm, LLC online or call us at (216) 685-9991 to set up a FREE consultation.