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August 4, 2016

Know Your Rights After A Botched Surgery

Millions of surgical procedures are performed every year in the United States. These procedures are performed by experienced medical professionals, and the vast majority are completed without incident. Unfortunately, there are still plenty of things that can go wrong during even the simplest of surgeries. If you’ve been a victim of a botched surgery that you believe was due to surgical malpractice, you may be entitled to compensation. Speaking with a Pittsburgh medical malpractice attorney will help you to determine your rights.

What is Surgical Malpractice?

Surgical malpractice is an act of negligence by the member of a medical staff during a surgical procedure. Most often it includes the surgeon, but can also include the anesthesiologist, the surgical nurse, or anyone else involved in the surgery. Surgical malpractice can take many forms, such as removing the wrong organs, leaving instruments inside the patient’s body, or using the wrong anesthetic and causing a serious allergic reaction to the patient.

In order for a surgical malpractice case to proceed, there must be proof that any harm that has come to the patient was the result of negligence on the part of the surgical team. Complications can arise during any surgical procedure for reasons that are beyond anyone’s control, so having something go wrong during the procedure does not always make it a botched surgery or medical malpractice.

When Does Surgical Malpractice Occur?

Surgery has three stages: pre-operative, the procedure itself, and post-operative. Surgical malpractice can occur in any of these three stages. Malpractice that occurs in the pre-operative stage is often the result of miscommunication between members of the surgical team. Malpractice that occurs during the procedure itself is usually due to carelessness on the part of the surgeon. This is what most people think of when they picture a surgical malpractice case. Finally, malpractice can occur during the post-operative stage if you receive substandard and neglectful care while you are recovering from your surgery.

Knowing Your Rights

Part of undergoing any surgical procedure is knowing about the risks involved. It is part of the surgical team’s responsibility to keep you informed of these potential risks. If you experience complications due to any of the known risks associated with the procedure, you most likely will not be able to make a medical malpractice claim. On the other hand, if you believe any side effects or injuries that you are experiencing after your surgery are the result of negligence on the part of the surgical team, you may have a case.

The first thing you should do is to see your primary care practitioner. This will help you determine if the health issues you are experiencing are the result of a botched surgery. If you and your doctor believe that they are, contact a medical malpractice attorney to discuss your options. You may be entitled to compensation.

Contact Goldberg, Persky & White

If you are in need of a medical malpractice attorney in Pittsburgh, the law offices of Goldberg, Persky & White, will be happy to assist you. With a specialty in medical malpractice lawsuits, you will have our expertise on your side. To schedule a consultation and learn more about your legal options, contact us today.

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