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What To Do If a Surgery Goes Wrong

What To Do If a Surgery Goes Wrong

Patients hope that undergoing surgery will fix any ailments they currently have, but unfortunately, sometimes surgery can go horribly wrong, causing the patient more harm than they were experiencing before treatment.

If you or a loved one experienced a surgery gone wrong, take a look at what you should do next and then contact Hyland & Padilla’s legal team right away.

What Should I Do If My Surgery Went Wrong?

If your surgery had an unexpected bad outcome beyond what the doctor and your medical team reasonably prepared you for, you could have a medical malpractice lawsuit.

Depending on the type of harm the surgery did, you should also seek medical treatment from another provider as soon as possible. In some cases, you may need to show how the injury from the malpractice hindered your ability to earn wages or that you will never fully recover from the harm caused.

To prove a medical malpractice suit, you and your legal team must prove:

  • A doctor-patient relationship existed;
  • The doctor failed to follow the appropriate medical standard of care under the circumstances
  • How the surgery harmed the patient or how the doctor was negligent.
  • The injury led to specific damages, such as lost wages or pain and suffering.

What Are Common Things That Go Wrong During Surgery?

If your surgeon could not entirely cure you through surgery, that doesn’t mean it went wrong. For example, if the doctor warns you ahead of time there’s a risk of bleeding out, or they may not be able to remove all of a tumor, this does not qualify.

A surgery gone wrong requires something unexpected or a significant error to be made to qualify as malpractice.

For example, if a surgeon leaves an object inside of you during surgery, you have one year from the day you discovered the object to file a claim if it is within ten years of the date when the mistake took place.

Other common types of medical malpractice in regards to surgery include:

  • Your doctor operated on the wrong body part;
  • You were misdiagnosed and received an unnecessary surgery as a result;
  • An anesthesiologist administered the incorrect dosage causing you to wake up during surgery;
  • The surgeon or medical team made a mistake that led to post-surgical infections.

Do I Need A Lawyer To File A Medical Malpractice Suit?

If you think you’re a victim of medical malpractice, your best chance at receiving compensation for your lost wages, pain, and suffering, and extra medical bills is contacting the Hyland & Padilla law offices.

To prove your case, you’ll need to enlist at least one expert medical witness through an affidavit to state your doctor failed to provide the proper standard of care. A lawyer can help make this easier.

Contacting a lawyer as soon as possible is essential, as many states have a statute of limitations, ranging from six months to two years, regarding medical malpractice lawsuits.

We offer free consultations to our clients to help evaluate your case and help you understand your chances of winning in court.

  • Carlos M.
    Carlos M.
    2019-05-03
    Google

    Andrea fue excelente al ayudarme a lidiar con el seguro después de que alguien me golpeara en la carretera. Su oficina y el personal son muy profesionales!

  • Juliette G
    Juliette G
    2019-05-03
    Google

    Andrea with Hyland and Padilla was extraordinary on my case! She was very professional, courteous and went above and beyond the call do duty to resolve my case with expertise and the least amount of disruption to my life! I want to thank her and all at the firm for assisting me with closure in a very traumatic life event! Thank you for everything you did! Julie J

  • Hussein B.
    Hussein B.
    2019-05-03
    Google

    Thank you Mr Padilla You are truly successful lawyers and deserve all respect and appreciation. Thank you very much for helping me with my case and returning my full legal rights and financial compensation from the insurance company. Thank you. Thank you again

  • Carlos M.
    Carlos M.
    2019-04-18
    Google

    Definitivamente una gran elección! Me dejaron severamente quemado en la mano y el brazo después de un accidente de trabajo. Pude obtener dinero por mis lesiones gracias a Hyland y Padilla. Uno de los mejores abogados de compensación de trabajadores en Durham.

  • Miana I.
    Miana I.
    2019-04-10
    Google

    Working with Andrea and her team was a pleasant and professional experience from beginning to end. Although there were lots of quirks that presented throughout my case, she was always kind, returned all of my calls and answered every question that I had, all with a smile in her voice. She didn't hold back in sharing the not soo fun stuff, however, she also came with suggestions and solutions. She worked really hard to ensure that my case was resolved in a timely manner. I would recommend her 1000%. Even throughout such a difficult time in my life, this was a very positive experience.

  • Karen R.
    Karen R.
    2019-04-10
    Google

    Mr. Padilla and Brenda really took my case seriously. They made sure I received all the care I needed and they were always available if I had questions or concerns.

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