Whenever someone goes under the knife at a hospital or specialized treatment facility, they depend on the various surgeons, assistants, and technicians participating in the procedure. Usually, these professionals can be trusted to perform their respective duties with care and consideration. Unfortunately, negligent and careless acts do occasionally occur in the operating room, which can lead to catastrophic consequences for a patient.
Surgical error litigation can proceed in different ways depending on the circumstances, so it is crucial to have help from a physician malpractice attorney experienced in handling various cases of this nature. With a dedicated Connecticut surgical error lawyer’s assistance, you may stand a much better chance of proving civil liability for your injuries and recovering for your ensuing damages.
Surgical Mistakes That Justify Litigation
While some surgical procedures are more standardized than others, there is an inherent risk that an operation may not have an optimal result for uncontrollable reasons. Notably, it is not always possible to file a malpractice lawsuit just because a surgeon was unable to fully address a patient’s condition or keep them pain-free following the surgery.
However, if a patient suffers a negative outcome to a surgical procedure specifically because a surgeon or someone assisting them failed to meet an applicable standard of care, the patient may have grounds for litigation. In this context, a standard of care is the expectation of behavior that would apply to another doctor with equivalent training and experience working under the same or similar situations.
Mistakes before, during, or after surgery that typically constitute a breach in the standard of care include:
- Operating on the wrong body part or limb;
- Leaving a foreign object inside a patient’s body;
- Failing to maintain sanitary operating conditions, leading to a hospital-acquired infection;
- Allowing a patient to fall off the operating table during surgery;
- Providing the wrong dosage or type of medication, especially pre-surgery anesthetic.
An attorney in Connecticut can discuss potential justifications for filing a surgical mistake lawsuit in more detail during a private consultation.
How State Law Governs Surgical Error Claims
Pursuant to Connecticut General Statutes §52-190a, anyone who intends to file a lawsuit for medical negligence must first seek input from a qualified medical expert in the same field(s) as the intended defendant(s). Additionally, the expert must provide a written statement affirming that the plaintiff has valid grounds to pursue litigation. Connecticut General Statutes §52-184c provides additional clarification regarding the qualifications necessary to be considered an expert witness for this purpose.
Additionally, plaintiffs are permitted a maximum of two years from the date they discover their injuries to file suit, provided that they do not wait longer than three years after actually sustaining the harm. A lawyer can answer further questions about these rules as needed and provide crucial assistance navigating around them in a Connecticut surgery error case.
Get in Touch with a Connecticut Surgical Error Attorney Right Away
Mistakes made during surgical procedures often have severe repercussions for patients, especially if they stem from reckless or careless behavior by medical professionals inside the operating room. Fortunately, it is often possible to hold those negligent individuals accountable for their actions through comprehensive malpractice litigation.
A Connecticut surgical error lawyer will offer clarity about your legal rights and recovery options over the course of a confidential consultation. Schedule your consultation today.
