All surgeries carry some level of risk to the patient and there are no guarantees when it comes to fixing health issues and ailments. Doctors do not wield magical god-like powers; they’re human. They use their knowledge and skills and practice to the best of their ability to heal their patients. However, there are times when a surgery goes wrong and a patient may end up worse off because the doctor made a surgical error. If you’re suffering from an injury after surgery because your doctor failed to meet an acceptable level of proficiency and professionalism, then it’s possible you have a medical malpractice claim on your hands. Medical malpractice cases can be difficult to win and it’s important to know whether suing for surgical error will be worthwhile. What it boils down to is whether or not the doctor’s performance met the proper standard of care.
While you can definitely sue for surgical error, you can’t just sue because the surgery didn’t work out the way you wanted. If your doctor does everything a reasonable physician would do under the same circumstances, and you come out of eye surgery with worse vision than you had going in, well that’s just the way it is. However, if your doctor makes an error no reasonable physician would make under the same circumstances, and you lose some or all of your vision, then you can prepare to sue for surgical error.
Generally, medical malpractice claims are focused on proving a doctor’s negligence. To prove that surgical malpractice occurred, you must first show the existence of a doctor/patient relationship. If you were seen and treated by the doctor directly, proving this relationship is straight forward; however, if the surgeon consulted about your care, but didn’t see or treat you directly, proving that relationship may be more difficult. Once a doctor/patient relationship is clear, you have to prove your doctor’s negligence. Basically, you need to show that, in the same or similar circumstance, under the care of a competent doctor, you would not have been harmed. In order to show this, you will need an opinion from a medical expert that the surgeon’s care fell below the accepted standard of care.
Even if it is clear the doctor wasn’t the greatest doctor and did not live up to the standard of care expected from him, you still have to prove that the doctor’s negligence caused you harm. Any number of things can go wrong in a complicated or difficult surgery. If the doctor acted negligently, but there is no causal connection between that negligent conduct and your injury, then you won’t be able to recover for surgical malpractice. If a surgery is particularly risky, it is difficult to prove that what the surgeon did or failed to do caused you harm. In that circumstance, it is difficult to prove that the outcome would have been different with another doctor? Sometimes, even when the surgeon’s negligence is clear, it is difficult to prove that the bad outcome resulted directly from that negligence.
In addition to surgical errors, there are other types of negligence which qualify as medical malpractice. If a doctor prescribes the wrong medication or dose for treating a condition, or prescribes in a manner which is inconsistent with the manufacturer’s instructions or warnings, and that medication causes you harm, you would likely have a case. A doctor may also be negligent if he fails to adequately inform you of the risks associated with a test, procedure, or surgery or if he fails to adequately advise you of the acceptable alternatives. You should be aware of all risks, benefits, and alternatives to the procedure and give written consent beforehand. If, during surgery, you suffer harm that the surgeon failed to warn you about, you may be able to prove malpractice against the surgeon, even if you can’t prove he performed the surgery negligently.
If you can clearly show that the doctor’s negligence caused you harm which you would not have suffered otherwise, than it is time for you to speak with an attorney about pursuing a medical malpractice claim. Now, before you head to court, your state may have established a process to mediate or resolve surgical malpractice claims. In Massachusetts, medical malpractice claimants must now send written notice of the claim to the health care providers at least 182 days before filing a complaint. The health care provider then has 150 days to send a written response . This provides a framework for patients and doctors to evaluate the claim and possibly reach a settlement without going to court.
Surgical malpractice claims have to be brought soon after the injury. If you surpass the statute of limitations, then your case will be dismissed. Depending on the laws of the state in which the malpractice occurred, the statute of limitations for suing varies between six months and three years. Likewise, depending on the laws of the state in which the malpractice occurred, the time when the countdown begins may vary. In many states, the countdown begins when the malpractice occurred and, in other states, the countdown begins when the injured person discovers the malpractice or the harm resulting from the malpractice. In situations where treatment was on ongoing, the countdown may not begin until the last date of treatment. Because there are so many variations from state to state, and the laws frequently change, you should always consult with a surgical error attorney to determine if you have time to file a law suit.
Hiring a knowledgeable and qualified lawyer for surgical error claims is essential to navigating the complex rules of medical malpractice. Do your research and find a lawyer who has experience with surgical malpractice. The right lawyer will make sure you’re justly compensated for your doctor’s surgical mistake.
Had surgery (bowls) in January….developed a hernia and doctor knows about it and a mesh is supposed to be put in ….but my concern is the hernia…..inquiring for a friend
It sounds like you are concerned that you or a friend may have experienced injury due to a medical error. If you think this is the case, an attorney can help you determine if medical negligence did in fact occur and how you should proceed. In order to assist you, we need to understand the facts and details of the case. You can call Raipher, P.C. at 413-746-4400 and get connected with one of our attorneys.
Yes I’d like to speak with an attorney, my name is Ms. Alpough 662-941-8882
Hello Ms Alpough. We can certainly look further into your matter. The best would be for you to call (413) 746-4400 during our office hours and at a time that works for you. That would avoid us calling you when you’re not available. Thank you!
My dad is 93 yrs old,he’s always been healthy. He’s only missed six days of swimming 1000 yards a day since world war two. A couple years ago he had a leg amputated due to gangrene. The surgery went fine,he was back swimming in five weeks.He made the front page news. However he had to have the other leg amputated,which didn’t go well. The bone protruded through the skin and failed to heal. He’s been back in three more times to have the bone shaved properly so the skin would heal and close over the bone, that never happened! Three more surgery’s and the bone is still protruding through.The Doctor told us it would be an easy in office procedure. This has taken away what quality of life he had left…swimming. His vital are perfect 120/60 which is a big reason we decided to amputate. He could still have some quality years left. He now sits here unable to do anything. Does this qualify as malpractice?
Marianne, I am so sorry to hear about your dad’s leg and all the trouble and pain he’s been through. Please give our office a call to speak with an attorney about the facts of the case and figure out how you and your dad can move forward. You can reach us at 413-746-4400.
Yes could I please talk with someone
Dear Cecil – of course we’ll be happy to discuss your legal matter! Please call our office at (413) 746-4400.
My husband just had cateract surgery. He cornea was burned and is leaking fluid. He may need emergency surgery in the morning..if the pressue does not go back up. Today he put adhesive on the eye. He is in alot of pain.
I’m sorry to hear of the problem with your husband’s eye surgery. I hope his condition has improved, but if not, please call and we can discuss your options. Based on your description, I do believe this is a matter that warrants further review. Thank you and I look forward to hearing form you.
I want to talk to an attorney about my surgical procedure to see if my surgery went well in a professional matter or do i have a case. I had a knee replacement 6 months ago in February 2019 and now i have a quadrant tear in my kneecap thick width tear with constant pain and swelling and i have not been able to walk without severe pain for 6 months and need another surgery next month in October 2019 is my doctor at fault? He honestly admitted today that he’s responsible for not correctly mending my tear and its his responsibility to repair it. i really need some advice on how to handle this because i am mentally stressed out. Please reply soon.. Thanks
Elizabeth, I am sorry to hear about your pain and stress. Our attorneys are experienced in handling all kinds of medical malpractice cases; but in order to advise you on how to handle this situation we need to talk to you in more detail. Please give our office a call at 413-746-4400 to speak to an attorney.
Can an OBGYN perform Implantable Power ports in male patients. She implanted one in my husband wrong position, wrong vein causing stroke like symptoms and a week stay in hospital. Would the OBGYN be held accountable for practicing out of her scope of practice?
Denise, sorry to hear about your husband’s complications. A medical malpractice claim is heavily dependent on the facts of the situation. You can call our office at 413-746-4400 to discuss your husband’s situation in more detail with an attorney.
I had surgery to remove an infected bone in my foot. The surgeon (partner in the practice with mmy regular doctor) removed the wrong bone — a healthy and viable bone. Because of this error, I was back in surgery (with my regular doctor) within two weeks. Bottom line is I am now facing a mid-foot amputation because of the healthy bone being removed. This has all happened in the past two weeks. What do I do?
Patrick, please call our office at 413-746-4400 to get connected with an attorney right away to discuss the details of your situation.
I had a dialysis graph placed in my lower arm which connects an artery to vein unfortunately he made huge mistake and placed artery to artery . I suffered from pain and tried to go back to doctor but found out he committed suicide and once I returned to hospital and was able to see another surgeon I was asked to leave once I was literally laying on table and go back to whoever did surgery . I was left with an arm the size of my thigh and pain until I found a surgeon at another hospital who agreed to take me and had to have several surgeries within a matter f weeks to fix the mistake . I was never really exactly sure what was wrong until years later and I’m afraid I passed my statue of limitation in Texas. Any advice?
Angela, I’m sorry to hear about your suffering. Questions about statutes of limitations may depend on the specific facts of your situation. Please reach out to our office at 413-746-4400 and our attorneys will help you get to the bottom of it.
Hurt at work not enough healing time and I had a shoulder surgery that fail with my hand and stoke took 2/1/2 years and had second shoulder surgery and hand I almost died
Jeffrey, I am sorry to hear about your continued suffering. An attorney can help you determine if you may have a workers compensation claim or a medical malpractice claim, and how you should proceed. In order to assist you, we need to understand the facts and details of the case. You can call Raipher, P.C. at 413-746-4400 and get connected with one of our attorneys.
Ok had surgery on my leg and heart for blood clots they went in through my groin area now I have a herina who is responsible
Don, in order to determine liability in a medical malpractice situation, our attorneys need to discuss the facts of your situation in more detail. Please call our office at 413-746-400 to speak to a medical malpractice attorney.
Had a MI. And quadrupleCABG in NY in 2004.
Started seeing a cardiologist in Florida in 2014.Had another MI in June,2018.Dr performed angioplasty and placed1 stent.Was told that CABG was no longer effective .Had a 3rd MI in NJ in Nov 2019.
Surgeon in NJ got medical records. From Florida and told patient’s wife and 2adultchildren that the previous stent had probably failed about 2 months after placement because Dr had used wrong stent and wrong
Prescription.Had chest pains and pressure and shortness of breath several months after stent placement in Florida until suffering an MI in NJ.Do I have cause for a medical malpractice suit.
Stuart, I am so sorry to hear about the multiple surgeries and complications that you have been through. It sounds as if the Doctor from NJ told your wife and children that a previous procedure had failed. A medical malpractice claim is heavily dependent on the facts of the situation. You can call our office at 413-746-4400 to discuss your situation in more detail with an attorney.
I feel the surgeon and hospital caused my inability to walk or stand now after back surgery. I was better before the surgery. I actually drove myself to the hospital and walked into the hospital. Now I cannot even stand on my own or walk or drive , have to have 24 hour care. I feel the Dr and the hospital should be responsible. I was never given a status or prognosis after the surgery. They just sent me to a rehabilitations facility. Never to hear from them again. I would like to bring charges against the Dr and hospital. I can be reached @ )949) 306-3466.
Alonzo, we tried to reach you. Please call our office to speak to one of our experienced medical malpractice attorneys about your situation. You can reach us at 413-746-4400.
I am actually dealing with the same issue! I had about 22 inpatient hospital stays at Shadyside hospital due to this! I am now on SSD at age 41 and walk with a walker! To make thing worse my pain dr discharged me because he said I need a higher level of care but I can’t get another Dr to touch my back including the Dr that did the surgery! As far as pain management go they keep telling me once u have one you can not switch! He discharged me I didn’t leave after a year of service and I have it all in writing
Iesha, I am so sorry to hear about the pain and suffering you have been experiencing. A medical malpractice claim is heavily dependent on the facts of the situation. You can call our office at 413-746-4400 to discuss the specifics of your situation in more detail with an attorney.
I had circumcissuom due to foreskin not pulling back now I can’t even pee or have sex and it’s been a year already I’m in constant pain and the urologist won’t even see me anymore … he even scheduled me for another surgery ! Like fix what is wrong with me before taking my money
Alex, I am sorry to hear about the suffering that you have been and continue to experience. It sounds like you believe that the doctor may have been negligent in your post-surgical care. If you think this may be the case, an attorney can help you determine whether medical negligence did in fact occur. In order to assist you, we need to understand the facts and details of the case. You can call Raipher, P.C. at 413-746-4400 and get connected with one of our attorneys.
My spouse had neck surgery with lots of hardware placed. On follow up visits I voiced a concern about an area of hardware protruding upward but was to everything looked fine. Now after 8 months it is worse and he still has numbness in hand and decreased strength in arm. In process of getting another MRI and going back to this surgeon for re-evaluation. If this injury is disregarded, is it to his best interest to consult legal counsel?
Vicky, I am sorry that your spouse is still experiencing trouble following surgery. Please call our office at 413-746-4400 to speak to one of our experienced medical malpractice attorneys about the details of your situation. We’ll be back in the office Thursday morning after Christmas.
I had Lipo + bbl .
I went into surgery full of energy so much happy nothing wrong . As soon as I finished lost a lot of blood my eyesight got bad !!! One eye went crossed eyed …. later on went hospital found out I’m diagnosed with idiopathic incranical hypertension ( IIH ) which there is no cure for which is like u can almost go blind now I take diamox which is for glaucoma . Can’t eat no more salt have soda or eat anything high in fat or my favourite foods !! I’m shuttered depressed and out of words , it gives u so much side effect from medication and the condition itself it’s a chronic disease !! How I’m only 23 yes I’m overweight but how come I never had it until surgery !! Should I sue my doctor ? This is crazy … but it’s life 🙁
Shontell, I am sorry to hear about all the limitations that have been placed on your lifestyle since your surgery. Please give our office a call to discuss in further detail the procedures you underwent, you can reach Raipher, P.C. at 413-746-4400.
Hi. I had a emergency c-section April 2018 in Massachusetts. My uterine artery suffered two separate lacerations resulting in 1800ml blood loss- a stage 3 hemorrhage and required 3 liters of blood transfusions. I have been wondering ever since if it is worth pursuing legal consult?
Hi Elizabeth. Congratulations on the new addition to your family. However, I am sorry about the obstacles you faced. In order to determine whether there is a viable legal claim, our attorneys need to discuss the facts of your situation in detail. Please call our office at 413-746-4400 to speak with a medical malpractice attorney.
I had ACL surgery and the surgeon said it’s take a year to fully recover after a year I feel pain and swollen in my knee. I got new MRI and my ACL Surgery has been failed
And now I don’t know what to do please if you could help me
Hello Mr Haidari. We can certainly look into your matter further. Please call our office at (413) 746-4400 to discuss.
Two years ago I had a full rectal prolapse. It came out of my anus like a grapefruit. Sorry TMI but that’s how it was. I was extremely incontinent. I had surgery for the prolapse and also a recticel and full hysterectomy all at the same time. After I recovered I found that the only way I could have a bowel movement was by manually removing it with my finger. At first I was just so relieved to not have it falling out all the time, but I still have such a horrible and embarrassing problem. I went back to the doctor and told him that I couldn’t have a normal bowel movement and I had to manually remove it every time and he was just like wow that’s too bad. I asked him if this happens very often he says no, the surgery is usually very successful. I don’t understand how it could be successful if you’re just pulling it up and attaching it to the sacrum, it seems like it would be kinked or something and then the muscles would have a hard time working. Has anyone out there had a full rectal prolapse surgery and been successful with normal bowel movements afterwards?
I am sorry to hear about the continued complications you have been experiencing. An attorney can help you determine if medical negligence or malpractice did occur and how you should proceed. In order to assist you, we need to understand the facts and details of the case. You can call Raipher, P.C. at 413-746-4400 and get connected with one of our attorneys.
My daughter is supposed to have this exact surgery. I am afraid she will have the same type of complications. For now we have put the surgery on hold. We are based out in CA and I’m not impressed with the medical here. I hope things improve for you.
I cannot tell from you inquiry what the surgery was or the problem. Please provide additional information. Thank you.
Oct 2019 I had total knee replacement and it did not go well with me. I was not able to bend my knee completely or extend my leg. After 7 months of surgery and little improvement I have a fracture in my pelvis. January 27 I had total knee replacement surgery again, and I recieved a totally different type of replacement and I have began therapy hoping for better results.
Hi Lynwood,
Good Morning. I am so sorry to hear about the pain and suffering you have been experiencing. A medical malpractice claim is heavily dependent on the facts of the situation. You can call our office at 413-746-4400 to discuss the specifics of your situation in more detail with an attorney.
A year ago I did sinus surgery endoscopy and deviated septum,my sinuses became worse and now I found I have a big hole inside my nose.septum perforation.every time when I visit doctor he put me on antibiotics.which doesn’t work,now I have terrible forehead pain ,nose crust and post nasal drip.i concern other doctor and finally he said I have perforation because of the sinus surgery not done accurately.please guide me what should I do ,I am in chronic health condition,headach,post nasal drip,nose pain,bleeding nose,and my ent doctor said he can’t do anything.he said you can be with this hole for whole life.before surgery I had rarer pain in my head.
I am sorry to hear of the problems you are experiencing. In order to determine if you have a cause of action for malpractice we would need to review the medical records to determine of the doctor deviate from the acceptable standard of care for a procedure of this nature. If you would like to pursue this matter, please call our office to further discuss. Thank you.
My aunt went to the ER about 3 weeks ago and because of some pain she was having, she had to have emergency surgery she had gallstones and had to have her gallbladder taken out.She then had been having problems, she was in more pain couldnt lay down and she was swollen bad in her stomach, she called the surgeon who did her surgery to tell them what’s going on, they told her they couldnt see her that they weren’t taking new patients.Well unfortunately she just passed away yesterday because of an I fection.isnt the surgeon who did the surgery suppose to do a follow up with the patient and what can I do about this.Other than her having to have the surgery to ha e her gallbladder taken out, my aunt was in good health.
I am sorry to hear of your loss and of the poor health care provided to your aunt. To determine if there is a cause of action for malpractice we need to determine how you aunt got the infection and if it was the proximate cause of her death. Sometimes patients get infections without any negligence of the health care providers. If you would like to further pursue this matter, please feel to call and we can discuss further. Thank you for consulting us regarding this legal question.
My friend had spine nerve surgery for leg pain 1 year ago and to this day she still has extreme pain in her entire body. She can no longer walk on her own and needs a walker wherever she goes. She was able to walk on her own before the surgery, yet now she cannot after the surgery. On top of that she is emotionally devastated everyday. During her surgery it was unfortunate to find out that one of the surgeon’s helpers dropped a tool on her nerve. I would like information on how medical malpractice and file for suit could apply to this situation.
Dear Sally,
I am sorry to hear of your friend’s problems and hopefully, her condition will improve. You should be aware that generally in order to prove medical malpractice you must demonstrate that the medical professional did something or failed to do something which is required for the procedure in question. I understand from your email that the surgeon’s assistant may have dropped a tool on your friend’s nerve, however, this alone may not be enough to successfully prosecute a medical malpractice claim. Assuming the assistant dropping the tool was negligent, you must also prove that the act was the proximate cause of the nerve injury and that it is not just an unfortunate medical result. If you would like to learn more or have any further questions answered, please feel free to contact me or my office. Thank you.