Surgical errors can have devastating results for patients. While some surgical
errors can be remedied fairly quickly and easily, others are irreversible
and inflict permanent harm on the patient. If you or someone you know
has suffered harm due to a surgical error in the Baltimore area, the experienced
medical malpractice attorneys at Wais, Vogelstein, Forman & Offutt will work tirelessly
to seek the justice and compensation you deserve for your injuries. A
medical negligence claim can be extremely complicated, as it often involves
litigation against big insurance companies, physicians, hospitals and
other entities that have lots of resources at their disposal.
Pursuing Damages for Surgical Error Injuries
There are a variety of errors that can occur during surgery, including
but not limited to: failing to monitor for
post-surgical complications; lack of infection control; leaving a surgical instrument in the body;
using improper surgical techniques; performing surgery on the wrong site;
and/or puncturing an organ. If you have suffered harm because of a surgical
error, you may be able to recover damages through a medical malpractice
lawsuit. It is important to note that a poor result without evidence of a
medical mistake is not sufficient to pursue a malpractice claim.
Medical malpractice lawsuits permit an individual to hold a physician,
nurse or other healthcare provider responsible when they negligently cause
harm. Medical negligence is defined as the failure to adhere to the applicable
medical standard of care. This standard of care refers to the type and
level of care a reasonably prudent healthcare provider would use in the
same field, with similar training, in the same situation. As such, the
standard of care will vary depending on the situation. It is important
to note that malpractice can occur by commission or omission. When a healthcare
provider actively does something that ends up injuring the patient (i.e.,
operating on the wrong part of the body), it is considered malpractice
by commission. On the other hand, when a healthcare provider fails to
do something that he or she was supposed to do (i.e, fail to administer
vital medication), it can be deemed malpractice by omission.
Maryland is one of the few states in the country that still follow the
common law doctrine of contributory negligence. Under this law, any negligence
on the part of the claimant will bar his or her recovery completely. Put
another way, if the claimant is even one percent negligent, he or she
will not be able to recover any damages through a medical malpractice lawsuit.
Once a plaintiff establishes the elements of medical malpractice, he or
she will be eligible to recover damages from the at fault party. The exact
amount of compensation will vary based on the nature and extent of the
harm suffered. In some cases, plaintiffs will receive a lump sum award,
while in other cases the money is paid to the plaintiff in installments
over a period of time.
Prince George’s County Lawyers Fighting for Medical Negligence Victims
At Wais, Vogelstein, Forman & Offutt, our surgical negligence lawyers
have over 100 years of collective experience and have handled a number
of cases involving errors during surgery in the Prince George’s
County area. We understand that these mistakes can have serious and long
lasting repercussions for your health. We also understand that surgical
errors can diminish your quality of life greatly. Our team has obtained
record settlements and verdicts for our clients, including the largest
verdict in a medical malpractice case in Maryland history.
To schedule a free consultation and determine whether you have a claim,
please feel free to contact us
online or call us at (410) 567-0800.