A surgeon’s mistake in or out of the operating room could permanently impact a patient. Malpractice laws do not require surgeons to guarantee a positive outcome for every patient but surgeons must exercise reasonable care when consulting with a patient about a procedure and apply the same level of care when the patient is in the operating room. A St. Augustine surgical errors lawyer could help you and your family recover damages resulting from a botched operation. By working with a seasoned medical malpractice lawyer, you may be able to find justice for the suffering you have endured.
When Financial Damages are Available to Injured Plaintiffs
An injury victim may be eligible to start a lawsuit against their surgeon when evidence suggests that a surgical mistake that caused harm to the plaintiff was the result of the surgeon’s carelessness. A plaintiff cannot point to an unanticipated outcome alone as evidence of negligence. Instead, the plaintiff must prove unreasonably negligent or thoughtless conduct including evidence that the surgeon:
- Did not inform the patient of the risks of the procedure before scheduling an operation
- Ignored basic safety protocols while operating
- Failed to have staff available to monitor the patient’s vital signs during surgery
- Took inadequate steps to ensure they were operating on the correct body part
If the plaintiff can show negligent conduct, then they must establish that this negligent conduct led to their harm. When the evidence shows this to be true, then the plaintiff may recover compensation from the defendant. However, not every situation constitutes negligence and certain factors may reduce or eliminate the professional’s liability. Consulting with an experienced lawyer in St. Augustine could help plaintiffs protect their right to compensation and seek the justice they deserve.
Available Compensation to Injured Surgical Patients
Plaintiffs harmed by a negligent surgeon may be eligible to receive financial compensation or “damages” from the defendant. These damages reimburse the plaintiff for bills, expenses, and other harm they suffered, including:
- Additional hospitalizations or surgical procedures necessary for the plaintiff’s health
- Pay the plaintiff is unable to earn because of needing to miss work for appointments and recovery
- Suffering and pain the plaintiff experiences during their recovery
- Depression or other mental health complications
- Inability to fully enjoy life and activities
If the surgeon’s conduct was particularly egregious, the plaintiff might be able to receive punitive damages as well which are designed to punish such behavior. These damages are above and beyond any compensation the plaintiff would receive for their actual losses.
Speak with a St. Augustine Surgical Errors Attorney Soon
If you believe a surgeon carelessly caused you or a loved one harm, speaking with a St. Augustine surgical errors lawyer may help you get the compensation you need to cover the ensuing medical bills. Your legal rights are time-sensitive, and the ability to recover compensation may diminish with time. Talking with a seasoned personal injury attorney soon after their accident may help protect your rights and increase your chances of a positive outcome. Call today to learn more about your options.