If you are having surgery done, the expectation is that the procedure will be done successfully by your doctor and their team. However, this is not always the case. While no one wants to hear that an error occurred during the process, it can happen. And in these instances, it can be easy to call it medical malpractice. The problem is that it is complicated to determine what is considered medical malpractice and what isn’t. This guide will explain what the term means and how a Chicago medical malpractice lawyer can assist you.
By definition, medical malpractice is considered when a treatment, whether resulting in surgery or not, falls below a set standard of medical care and the procedure causes harm towards the patient. If one of these does not happen, it cannot be deemed a malpractice case. As for the care standard, it is defined as the level and type of care that a typical health care professional offers within similar circumstances through any community
A surgical error is a preventable mistake that occurs during a surgical procedure. With most surgeries containing some element of risk, it is why many hospitals ask for informed consent, where a form is signed indicating the patient is aware that issues can potentially arise.
With most surgical error cases, establishing it as the basis for a lawsuit can be simple. The main factor for this is the reasoning that an error occurred. These include the following:
Other examples of surgical errors include leaving instruments inside the patient, doing an operation on the wrong person and nerve injuries resulting from a procedure.
Having a lawyer experienced in medical malpractice issues can help you determine not only if there is an issue that arises during surgery, but if it falls within the standards needed to have a case. At the Disparti Law Group, our Chicago medical malpractice lawyers have more than 30 years representing clients throughout the area. For more information, call us today for a consultation at (888) 619-1788 or visit us online