What Are the Surgical Errors in Medical Malpractice?

With over 40 years of experience serving injured victims, we have seen how surgical errors, frequently avoidable, can leave patients to navigate catastrophic injuries and lifelong consequences. These are the specific kinds of surgical errors that, much to our regret, tend to occur with an alarming frequency in medical malpractice cases:

  • Erroneous procedure execution: A disconcerting case where the surgery executed is not the one that was needed, potentially due to a mix-up with the patient or confusion about the purpose of the procedure. For example, our attorneys have assisted and secured a $1,115,000 settlement for a victim of a surgical error that led to a wrong body part removed during surgery, as you can see in our case results.
  • Forgotten surgical instruments: A lapse in protocol resulting in instruments left behind, a silent harbinger of pain and infection.
  • Nerve damage: The delicate dance of surgery sometimes leads to unintended harm to the body’s wiring, leaving lasting deficits.
  • Anesthesia mismanagement: The delicate balance of consciousness and pain relief, when tipped, can lead to profound patient trauma or death in the worst scenarios. In fact, we have helped the family of a victim of negligence to get $1,800,000 compensation for the wrongful death of their loved one who passed away due to improper anesthesia care.
  • Postoperative infections: Infections that speak to breaches in sterility, turning recovery rooms into battlegrounds for patients’ immune systems.

Our firm, Christie Farrell & Lee Bell, leverages a deep well of legal and medical knowledge to illuminate the path forward to justice for those affected by medical negligence in the operations room. No matter your case, we are here to listen to your story and advise the best course of action possible.

How Do You Prove Surgical Error in Evansville?

The proving ground for surgical error in Evansville is built upon a foundation of evidence and expert testimony. Every case is unique, but the legal process to establish negligence often demands:

  1. A meticulous compilation of medical records: a chronological testament to the care received, spotlighting deviations from standard practices.
  2. The invocation of expert testimony: medical professionals who can elucidate the breach in standard care, lending credence to the claim of negligence.
  3. A tangible demonstration of harm: a portrayal of the error’s impact, weaving together the narrative of physical suffering and financial duress.

We count on the help of medical experts who can help us determine who is responsible for your injuries or loss in order to hold healthcare professionals or caregivers accountable for their wrongful actions.

Damages in Surgical Error Cases

When a surgical error shatters the trust placed in medical professionals, the consequences can ripple through every aspect of a victim’s life. Recognizing the depth of these impacts, Indiana Law provides a framework for compensation, with maximum recoverable amounts varying from $500,000 to $1,800,000, depending on the timing of the malpractice.

Our lawyers will help you assess all the damages and expenses involved, including:

Current and Future Medical Expenses

From the immediate surgeries required to correct the error, to the long-term care, physical therapy, and medications needed for rehabilitation. Each appointment, each treatment, represents another step on the long road to recovery—a journey often punctuated by the need for further surgeries or interventions. The law recognizes this ongoing burden, allowing for compensation that covers the full spectrum of medical care, both past and future, necessitated by the error.

Loss of Earnings and Earning Capacity

For some, the physical or cognitive impairments resulting from the error mean an inability to return to their chosen profession, forcing a reevaluation of their career path and future prospects.

Compensation in these cases seeks to bridge the gap between a victim’s expected and actual earning trajectories, providing a measure of financial stability in the face of uncertainty.

Pain, Suffering, and Emotional Distress

The intangible damages wrought by surgical errors—pain, suffering, and emotional distress—pose the greatest challenge for quantification. How does one measure the sleepless nights, the lost moments of joy, the strain on relationships?

Indiana’s approach to compensation acknowledges these profound personal losses, offering redress for the anxiety, depression, and diminished quality of life that often accompany physical recovery. It’s a recognition that the scars left by surgical errors are not solely physical but deeply emotional.

Punitive Damages

In instances where the surgical error stems from recklessness or malice, Indiana Law opens the door to punitive damages. These are not about compensating the victim but about sending a clear message to the medical community: such egregious breaches of trust are intolerable. Punitive damages serve as a deterrent, aiming to elevate the standard of care and prevent future harm.

Statute of Limitations for Surgical Error Cases in Evansville: Take Action Promptly to Protect Your Rights

The path to compensation is bounded by time. Indiana’s statute of limitations imposes strict deadlines for filing claims, showing us the importance of prompt action. Victims and their families must claim compensation within a timeframe which is often two years from the date of the surgery. Therefore, we strongly advise you to take action as soon as possible in order to secure your rights.

Get in Touch With an Expert Surgical Error Attorney in Evansville – Fighting for the Injured for Over 40 Years

For over four decades, Christie Farrell & Lee Bell have stood as trusted medical malpractice attorneys for those injured by surgical errors. Our attorneys combine deep legal expertise with a compassionate approach, guiding victims through the intricacies of their claims and fighting tirelessly for the compensation they deserve.

If you or a loved one has suffered due to a surgical error, we invite you to contact us for a free consultation. Together, we can assess your case, explore your options, and embark on the path to justice and healing.