Although surgery is often necessary to save a life, it does come with its fair share of risks and unwanted consequences. Mistakes made during surgery can always result in life-changing consequences and, in the worst death.
Apart from bearing emotional and physical wounds, such blunders can also result in lawsuits for medical malpractice. Wounded patients expect surgical units to perform operations with utmost precision and responsibility, as any misstep could result in irrevocable repercussions.
If there is a breach of trust, the patient may resort to suing the hospital as a last resort. Identifying common surgical mistakes that result in malpractice claims is imperative in understanding the medical malpractice framework for both patients and healthcare providers.
Understanding Medical Malpractice Lawsuits Related to Surgery
A procedure is labelled as malpractice when there is proven negligence involved – meaning a medical professional did not follow protocol or standard operating procedures while conducting an operation or providing care to a patient. Legal consequences attached to medical malpractice can be overwhelming when mentioned in relation to surgery.
Medical malpractice lawyers tend to hone down on gaps in an argument, like negligence in postoperative procedures that could lead to nerve damage, organ damage, or even negligence in post-op patient care.
Patients will have a legitimate case if they provide sufficient proof that the medical practitioner’s actions (or lack thereof) resulted in tangible losses. This may include the absence of informed consent, providing inappropriate levels of anesthesia, and incompetence post surgery.
Top 5 Surgical Errors Leading to Medical Malpractice Lawsuits
1. Wrong-Site, Wrong-Procedure, and Wrong-Patient Surgeries (WSPEs)
The most severe surgical blunders include wrong site surgery, which entails working on the incorrect patient and using the wrong procedure. Operating rooms tend to lose a lot during the first and second phases during confirmation of a check, surgical communication, and inter-team dialogue, and within the surgical checklists themselves. Malpractice due to these errors attempts to initiate legal claims that stem from irreversible damage done by surgically inflicted force.
2. Retained Surgical Items (RSIs)
Retained surgical items (RSI) are a major surgical error. As instruments and sponges begin to be added onto the body of the patient, the procedure tends to become more prone to and susceptible to blood loss and even failure of some critical body parts. It always garners a lawsuit during the post-surgery visit as it endangers the previously mentioned formation of malpractice suits alongside already decided and proven protocols, such as commensurate actions and assurance of patient attention.
3. Anesthesia Errors
Administration of anesthesia contains a world of untamed hazards, such as bestowing on a patient the wrong dosage, failing to on proper blood monitoring, as well as not paying attention to allergy symptoms and low level bodily reactions.
Furthermore, the breathing obstruction of a patient post surgical procedure alongside their lack of patient self declaration about their current physical state instantly adds to ailments such as disability and mental impairment risks. Errors during anesthesia bypasses tend to be the most common form of medical malpractice claims in the civil compensation fund.
4. Nerve Damage Due to Improper Surgical Technique
Surgeons may potentially damage nerves if they apply excessive pressure, cut in the wrong area, or mishandle equipment. This may lead to chronic pain, paralysis, or even an inability to move one or more limbs fully.
Nerve damage resulting from the negligent performance of an operation is an all too frequent basis for medical malpractice claims, especially in orthopedic, cosmetic, and spinal surgery.
5. Surgical Infections
Infections occurring after surgery can result from the use of unsterile instruments, failure to provide adequate antibiotics, or improper post-operative care. If a patient suffers from sepsis, surgical site infections, and other post-operative complications because of a poorly treated operating room or a lack of attention in the postoperative ward, a claim may arise against the medical institution.
Factors Contributing to Surgical Errors and Malpractice Claims
Several systemic and human factors contribute to surgical mistakes, including:
- Exhaustion or burnout of the surgeon or any member of the operating theater staff.
- Lack of call responsibility.
- Incomplete pre-operative verification procedures.
- Failure to perform proper count protocols used in the surgical checklist.
- So-called horizontal communication in the surgical team.
- Disregard for surgical checklists.
- Inadequate training or lack of oversight.
- Time pressure to proceed with the next surgical case.
All these factors, either separately or combined, raise the probability of a medical malpractice problem and compromise patient safety.
Preventive Measures to Reduce the Risk of Surgical Errors and Associated Lawsuits
Both the maintenance and the change in systemic functionality drive the complete mitigation of surgical errors because of institutional and organizational changes. Some strategies that can be implemented include:
- Use of surgical checklists encourages the achievement of all targets for surgical procedures
- Ensuring compliance with surgical count protocol
- Briefing and debriefing surgical teams for better communication during and after the procedures.
- Intra and postoperative technological interfacing.
- Verifying understanding through informed consent documents.
- Developing and promoting operating theatre safety culture.
- Incorporating information for educational and training sessions directed towards surgeons and staff.
When these practices are adopted by other clinics and hospitals, cases of medical negligence against legal representatives drop dramatically.
Conclusion
Surgical errors are some of the most gruesome errors that can be made to a human being. The classic examples include wrong site surgery, anesthesia miscalculations, post-operative infections, postoperative hematoma or seroma are the common instances where surgical negligence leads to resulting malpractice lawsuits.
Equipment, safety, standard operational procedures, inter-staff and unit communication and vigilance during functioning are essentials to be improved to minimize unnecessary incidents.
In case you or any family member is a victim of surgical negligence, you stand a good chance of winning a medical legal case. Not knowing your entitlement leaves you deprived of seeking justice, enabled by a legal representative of medical fault.
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