What Do I Need to Do Prove My Surgery Was Incorrect?

Medical Malpractice Lawyer

When you need surgery to correct a health condition or improve your quality of life, you expect the procedure to be effective and help you feel better. Of course, you also realize there are potential side-effects and complications with any procedure. When you feel this information wasn’t disclosed, and the surgery didn’t go the way it should have, you may be able to sue the medical professionals. You may also have a case if the surgeons and doctors made an error during the surgery.

Limitations

There is never a guarantee that surgery will go perfectly every time. You need to realize when you go into a medical procedure that you may feel the same way—or worse—once everything is over. Though you have high expectations, you can’t sue simply because things didn’t turn out the way you wanted. You can’t sue if the following occur:

  • There are negative results, but the doctor followed every reasonable standard of care.
  • The surgery was exceptionally risky, and those risks were disclosed to you.
  • You accepted those risks knowing you could be potentially harmed.

When these factors are present, you won’t be successful in a malpractice suit. You must accept the fact that some surgeries simply don’t work out and bring to life the inherent risks.

When You’ve Got a Case

You should never agree to undergo a surgical procedure without first understanding the risks involved with the procedure. A reputable medical professional should sit down with you prior to any invasive procedure and discuss every possible risky scenario. During this meeting, you should ask questions and ensure you completely understand the nature and scope of the procedure and any possible negative implications. Once you feel comfortable with the surgery, you can give your approval. Legal issues arise when risks are not disclosed or when the doctor downplays or minimizes them. If something goes wrong on the table, and you didn’t know it was a possibility, you can sue the doctor and medical facility.

Also, if the doctor didn’t adhere to reasonably accepted practices and standards of the best care, you may have a case. This could fall under negligence as well. Doctors should not make errors in surgery that no other medical professional would make.

If your situation falls into these categories of negligence, you should consider bringing a lawsuit against the doctor. A skilled attorney can help you build your case and get you the compensation you deserve for your troubles and ailments.

Resource: Medical Malpractice Lawyer Harrisonburg, VA, MartinWren, P.C.

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