Surgical errors do not happen in safe, responsible, and prudent operating rooms. They occur when surgeons or staff members fail to communicate, use inappropriate surgical techniques, or otherwise negligently fail to fulfill the industry’s standards of patient care. A negligent surgeon or hospital could be responsible for your damages. Speak to our San Antonio surgical error lawyers about a potential medical malpractice claim in San Antonio. You could be eligible for financial compensation.
Why Choose the Law Offices of Maloney & Campolo?
- We use a dedicated legal team to give each client the attention and resources they need for strong cases.
- We maintain a direct line of communication between the client and the personal attorney – not a paralegal or assistant.
- We have more than two decades of experience representing San Antonio personal injury clients in all matters of law.
- We only charge the client attorney’s fees if we secure the client a financial settlement or judgment award.
Why Do You Need a Surgical Error Lawyer in San Antonio?
A surgical error claim falls under the umbrella of medical malpractice. In Texas, these claims are difficult to pursue without the assistance of a San Antonio medical malpractice attorney. Texas law requires written notices to the defendant at least 60 days prior to filing your claim. Within 120 days of filing, victims must also serve expert reports to the defendant. Fulfilling all the requirements for a successful medical malpractice lawsuit is easier with help from a lawyer. Your attorney will handle the claims process while you focus on healing.
Types of Surgical Errors
In a legal sense, a surgical error can be any mistake that a reasonable or prudent surgeon would not have made under similar circumstances. Surgical errors can be devastating to the patient. They can derail a patient’s treatment, as well as lead to more serious complications such as spinal cord injuries, brain damage, and wrongful death. Any negligent act or omission in the operating room could constitute a surgical error.
- Lack of informed consent
- Anesthesia errors
- Wrong patient
- Wrong surgery
- Wrong body part
- Nicked nerve or artery
- Foreign object left in the body cavity
- Poor post-operative care (and infections)
A patient may have grounds for a medical malpractice lawsuit if the surgical error caused an injury, illness, or disability. A medical malpractice lawsuit requires the victim’s side to demonstrate that the defendant owed a duty of care, breached this duty, and caused the victim specific damages. A San Antonio surgical error lawyer can help with this burden of proof.
Who Is Responsible?
Assigning responsibility for you or a loved one’s damages takes investigating who or what was the proximate cause of the harm. If an individual surgeon made the mistake, he or she might be solely responsible, since most surgeons are independent contractors instead of employees of the hospital. If someone on the surgical team – or another hospital employee – made the error, however, the hospital could be vicariously liable. The hospital might also bear accountability for negligence on its part that contributed to the patient’s injury, such as unsanitary tools or poorly maintained equipment.
If a defective or malfunctioning medical device caused the surgical error, the patient may have a case against the manufacturer of the product. Strict product liability laws in Texas mean the patient will not have to prove negligence. The only burden of proof is to show that the surgical equipment contained a defect, and that it caused the patient injury. Your surgical error lawyer in San Antonio can help you understand the defendant and what it will take to prove your particular case. Many cases involve multiple at-fault parties sharing liability.
Contact Us for a Free Case Review
You are not in this alone. The lawyers at the Law Offices of Maloney & Campolo have helped hundreds of clients secure the compensation they needed to move forward after a serious accident. Find out how we can help you after a surgical error. Schedule a free consultation in San Antonio today.