When the personnel in a medical facility fail to meet proper standards of care for a surgical procedure, the affected patient may file a malpractice claim. There are several signs to look for when considering making a claim.
Downplay of the Situation
If a patient experiences some form of distress directly related to the surgery, he or she must bring this to the attention of the surgeon. There may be reason to suspect the doctor is aware of malpractice if he or she fails to fully acknowledge a persistent issue or does not take steps to improve it.
It is the duty of every surgical professional to create as sterile an environment as possible. If any member in the surgical setting fails to do so, pathogens may be transmitted to the patient. Complications may arise from surgical tools not being properly sterilized, and some infections may worsen to the point of serious injury or death.
Other Cases of Malpractice
If there have been patients of the same surgeon that have suffered after improper care, it may be a sign of ongoing neglect of proper procedures. It may be harder to prove an individual claim, but multiple instances of undeniable responsibility on behalf of the surgeon or personnel are indicative of a trend of fault. If you’ve had persistent problems after your surgery, and you learn that your surgeon has a history of malpractice, you may want to call a personal injury lawyer in Portland, OR, or one from your specific area.
Lack of Consent
Before surgery, patients must sign a consent form to acknowledge that the risks of the procedure are understood. It is the physician's responsibility to explain the procedure and risks in addition to answering questions. If the operation is performed without this occurring, there is a lack of informed consent. This can provide a basis for a malpractice case if the patient can prove they would not have consented had they known the risks that were not explained.
Failure to Diagnose
Failure to diagnose occurs when the doctor provides the wrong diagnosis for a condition or fails to diagnose a serious and obvious disorder. This can lead to worsening of the condition, providing the wrong medication or performing the wrong operation. It is a common type of malpractice, but it can be harder to prove that the diagnosis was wrong or absent altogether. If a more competent physician could have detected the symptoms, a case can be made.
Victims of malpractice may be able to recover damages for the costs of medical bills incurred due to their injury or the costs of necessary future treatments. Damages can also be claimed for time missed from work or compensation for pain and injury.
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