You go to the hospital for a necessary operation on your right ankle. This procedure was scheduled during your last check-up. Perhaps you are a bit nervous, but you are also happy to be getting your health issues addressed. Everything seems to go fine, but when you wake up after the operation, it quickly becomes obvious that you are a victim of wrong-procedure surgery. Now both ankles hurt, and it’s your left ankle, not the injured right one, that is wrapped up in post-operation dressings.
Wrong-procedure surgery is exactly what it sounds like: a horrific form of medical malpractice. Patients who get the wrong surgeries are exposed to physical pain, frustration, delays in necessary care, and long recovery periods from surgical operations they never needed or wanted at all. Thanks to surgical error laws, doctors who commit these traumatic mistakes can be subject to substantial legal liability. Victims can pursue a surgical error case against negligent medical professionals in Michigan civil court.
Why You Need to Hire a Surgical Error Lawyer as Early as Possible
Getting in touch with a good surgical error attorney shouldn’t be the last step you take after you have already filed your medical malpractice claim. For the most effective results, you should begin consulting your attorney from the moment the surgical error is revealed. If the wrong procedure isn’t immediately visible, and healthcare staff are not being straightforward about it, hire a surgical error lawyer the moment you suspect anything wrong.
Litigating a surgical error case, or any type of civil claim, can be complicated, tedious, and frustrating for someone without advanced and highly specific legal training. This is even more true for someone recovering from the physical and emotional harm of an unnecessary surgery, and you are likely still in pain and discomfort while waiting to reschedule the correct procedure. This is where the medical malpractice team at Goethel Engelhardt, PLLC, of Ann Arbor can help.
Wrong-Procedure Surgery: Horror Movie Scenario or Legitimate Concern?
Between the amount of training surgical doctors are required to undergo and the sophistication of modern medical records systems, it can be easy to assume that getting the wrong surgery is an extremely far-fetched and unlikely scenario, more at home in a Stephen King book than a court deposition. While such cases are indeed rare in terms of pure statistics, they do happen, and they have devastating results for patients and families.
In a high-profile case just a few states over, a Minnesota woman’s surgeon removed the wrong organ entirely during her recent surgery. Even more troubling was the fact that the hospital had allegedly defrauded her post-operation paperwork to indicate a normal and successful surgery, which was contradicted by subsequent medical records and other evidence.
There is also reason to doubt the idea that modern education and high-tech patient management systems mitigate wrong-procedure surgeries. An industry group for perioperative nurses released a troubling report, wherein the most recent data shows a massive 26% increase from the previous year in “wrong surgeries.” That includes surgeries on the wrong patient or body part, using the wrong implant, and performing the wrong operation altogether.
When this unthinkable sort of error occurs, whether by negligence or a freak mix-up, patients are protected by comprehensive medical malpractice laws in Michigan. A claim for damages in civil court can provide you with not only a sense of justice but also the support you need, which can cover medical expenses and help you and your family through this difficult time.
FAQs About Wrong-Procedure Surgery in Michigan
What Happens When a Wrong Operative Procedure Occurs?
When the wrong operative procedure occurs, it can lead to a variety of results. That includes some rather severe and scary outcomes, such as life-threatening illnesses and debilitating injuries, not to mention the frustration, hassle, and expense of getting the correct surgery rescheduled. In a legal sense, what happens next is largely up to the patient and whether they decide to assert their rights by filing a medical malpractice claim.
What Should I Do When a Medical Procedure Goes Wrong?
When a medical procedure goes wrong, and the situation might meet the definition of medical malpractice, you should get in touch with a trusted surgical error attorney as soon as you can. Obviously, you should work with the hospital to prioritize your immediate medical needs in the aftermath of the situation, but do not start discussing liability, damages, or anything similar with hospital administrators, lawyers, insurance agents, or doctors without your lawyer.
Can You File a Claim for a Surgery Gone Wrong?
Yes, you can file a claim for a surgery gone wrong, so long as you can prove that the surgical errors in question meet the definition of medical malpractice under Michigan law. To achieve this, you and your legal team must use evidence and testimony that shows how the doctor or other healthcare staff failed to live up to the standards expected of them. You must also establish that this directly led to legally actionable damages, like medical bills and emotional suffering.
What Happens If a Doctor Makes a Mistake in Surgery?
If a doctor makes a mistake in surgery, it can lead to many potential outcomes. Surgeons and operating room nurses are human beings like anyone else; even with advanced training and medical technology, mistakes can happen. Some minor errors may be immediately addressed with no adverse effects for patients, while other mistakes in surgery are irreversible. Those can lead to permanent disability, wrongful death, and substantial medical malpractice claims.
If You Were Injured by a Major Surgical Error in Michigan, Goethel Engelhardt, PLLC, Can Help
If you entrusted your care to a Michigan surgeon, only to be shocked and traumatized when you realized that they had performed the wrong operation, skilled legal representation is available. The medical malpractice team at Goethel Engelhardt, PLLC, can assert your rights and pursue everything you are entitled to under Michigan medical malpractice laws. Contact our firm today to set up your initial consultation.
