Everyone having a major operation may be concerned for the outcome after it is done. For most it can go smoothly and be very rewarding, but for others, the operation could cost you your life or leave you with a disability that will affect you for your remaining years. A patient who suffers through a failed surgery, or a surgery with less than satisfactory results, is often tempted to take legal action. This is a common action given the circumstances caused by the surgery. However, cases as unfortunate as they are, there are only some cases that have the ability for us to take legal action.
Taking Legal Action
To pursue a doctor for malpractice due to a failed surgery, you must prove that the doctor failed to provide standard care that most other doctors are likely to execute during the same surgery. This means that no other reasonable doctor, in a similar situation, would have done the same as what your doctor did. This will be hard to prove, but you can also sue for a unnecessary act of surgery that did not need to be done.
Reasonable Standard of Care
The statement made that a surgery, such as a hysterectomy or reconstructive surgery, was failed, by itself, is not enough to pursue a failed surgery case. It is common that no medical procedure has a guarantee for success and involves certain risks, which makes the law focus more on a doctor’s conduct rather than just medical results.
In medicine there are many different ways to fix or solve a common problem among most injuries resulting from surgery but also there are certain ways other doctors may approach the problem. Therefore, it does not matter if one doctor would have done something different than another. What is important is know whether your doctor’s way of conducting the problem was below the standard of care.
Contacting Me As A Lawyer
If you feel you have been a victim of Medical Malpractice, you need to Call Me Tim Misny right away at 1.877.944.4373. I’ll Answer any questions you may have and I’ll be there for you! I’ll Make Them Pay!®
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.