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Surgical Errors in Medical Malpractice – Your Loved One Could Have Been Saved!

Medical Malpractice AttorneyFrom minor injuries to major surgeries, the medical practitioners use complex tools to save a life. Although, modern medical science has splendidly improved in this century, yet the medical surgeries largely depend on small tools like scissors. A minor mistake by the doctor, reported as medical malpractice, could lead to the loss of life. The only thing that attendants outside the operation theatre fear is that an error has occurred during the surgery.

The Areas of Medical Malpractice

When the nurse tells that an error has occurred, it does not necessarily mean that there was a controllable surgical error. According to the law, medical malpractice is the condition when the treatment level is below the medical standards of practice and care. Standard care refers to the level and type of care, which the medical staff, provides to all patients in the same community and under same circumstances. It is designated medical malpractice when the treatment level is below the medical standard care or the patient was harmed due to medical staff’s mistake during the treatment.

All surgeries have chances of risk and potential damage or loss of life. Surgical error is the condition in which, the mistake of medical staff harms the patient. However, not all surgical errors can be claimed in the court.

Lack of Practice

A surgical error may occur if the surgeon lacks practice or skill to perform the surgery. In this scenario, the surgeon should ideally perform the surgery under the supervision of a senior surgeon. However, the surgeon will not be held accountable if the senior surgeon is unavailable irrespective of the appointment. If the surgeon performs the surgery without senior supervision, while knowing his incapacity, then the lawsuit could be filed.

Insufficient Planning or Research

All surgeries are unique from other surgeries because the human body has unique kinds of medical complexities. If the surgeon performs the surgery, causing harm to the patient, without doing thorough research or planning then the surgeon is liable for the damage.

Poor Communication in the Medical Team

Communication errors in the operation theatre occur due to lack of concentration of the medical team. For example, if the surgeon asks the staff to mark on the right side, and the staff marks on the left side then the staff is liable for the loss. The surgeon will be interrogated, and set free from liability if he is not found guilty.

Drug/Alcohol Effect

Intentional consumption of drugs or alcohol for any reason, including the desire to cope with work stress, before entering the operation theatre may lead to very serious consequences. If the surgeon or medical team is found drug or alcohol abused at the time of surgery, the jury takes serious action against them.


Use of improperly sterilized instruments, use of improper chemicals on the body, and other such neglectful acts cause serious medical problems. The chances of infection and bleeding are high in such surgical errors.
Medical practitioners have major responsibility of saving lives. Intentional medical malpractice is recorded as a crime, if defense is found guilty. By filing a claim, you may not bring back your loved ones but you can save many other lives from negligent hands.

Contact Fisk & Monteleone Ltd. today at 815-209-9030 for a free consultation