When dealing with medical challenges, understanding the difference between surgical errors and surgical complications is essential—especially when considering legal action.
Surgical errors are preventable mistakes that deviate from the accepted standard of care, such as performing surgery on the wrong site or leaving instruments inside a patient. These types of errors often serve as clear grounds for a medical malpractice claim.
On the other hand, surgical complications are known risks that can occur even when a procedure is performed correctly. These may include adverse reactions to anesthesia or post-operative infections. While complications can be serious, they do not automatically indicate negligence, as they are sometimes unavoidable aspects of medical treatment.
The key legal distinction lies in proving negligence. To pursue a medical malpractice claim for a surgical error, a patient must show that the healthcare provider’s actions deviated from the standard of care and directly caused harm. However, unless a complication is made worse by negligent post-operative care, it typically does not qualify as malpractice.
“Surgical errors can have devastating, life-changing consequences,” said CHH Partner Dan Pylman. “Patients trust their medical team to follow the proper procedures, and when that trust is broken due to negligence, they deserve accountability and justice.”
Patients who believe their suffering resulted from a surgical error should take proactive steps, such as documenting their care, reviewing their surgical consent forms, and understanding the expected recovery process. Seeking legal advice from professionals who specialize in these cases can be crucial in determining whether malpractice occurred.
If you or a loved one suspects you have been harmed due to a surgical error, our Chicago-based medical malpractice attorneys can help. Get in touch with our team today for a free consultation to discuss your case and explore your legal options.
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Medical Error + Medical Malpractice + Surgical Errors
