Surgical errors are preventable mistakes made during surgery. If the surgical mistake causes harm to the patient, the patient has a right to file a medical malpractice claim seeking to recover compensation for the injuries and losses sustained.
At Drake & Collopy, P.C., our legal team is dedicated to helping our clients recover the compensation they deserve after experiencing medical malpractice. Our goal is to provide competent and aggressive representation to hold those responsible accountable, to allow our clients recover compensation, and to help clients move beyond the challenges caused by the medical mistake they experienced. The first step is to get in touch with us to discuss your situation.
Different Types of Surgical Errors
Every day, surgical mistakes are made in hospitals across the country, including in Illinois. While all surgeries carry risks, patients have a right to expect that their surgeons and other medical providers perform their services in a competent manner without careless mistakes.
Some of the most common types of surgical errors that occur in hospitals throughout Illinois include:
- Wrong surgery or wrong-site surgery. Although these kinds of errors are rare, they do happen. Surgeons may perform surgery on the wrong body part or, in more extreme cases, the wrong patient.
- Leaving an object in the patient’s body. This is a more common surgical error. This may occur if the surgical team leaves a tool or sponge in a cavity of the body during the surgical procedure. Any foreign object that remains in the body after surgery may cause damage to internal organs, pain, or an infection.
- Failure to get informed consent. Doctors are required to explain the possible surgical risks before getting consent from their patients to perform the procedure. In some cases, the patient may have requested a different procedure or treatment if they had been advised of the risks that the doctor failed to disclose.
- Anesthesia errors. Some anesthesiologists may make mistakes when they administer anesthesia to their patients. Some of the most common mistakes include:
- Too much anesthesia that can result in death
- Too little anesthesia resulting in the patient waking up during the surgery
- Waiting too long to deliver anesthesia
- Failing to ask if the patient has allergies before administering the anesthesia
- Failing to account for the impact of anesthesia on the individual’s blood pressure or the blood supply to the patient’s brain
- Unnecessary surgery. In some cases, surgeons may recommend a surgery that is not medically necessary or indicated.
- Hospital-caused infection. There is no question that infections are a known risk after surgery. However, some patients may acquire an infection due to the doctor’s or medical staff’s negligence, which can lead to serious complications.
- Premature discharge. Once the surgery is complete, the doctor and staff need to monitor their patients for any complications. Sometimes, patients do not get adequate monitoring, which can result in serious issues due to a premature discharge.
- Improper care after surgery. In addition to monitoring patients immediately after surgery, doctors need to follow up with their patients in the following days and weeks for post-surgical complications.
Timing Considerations When Filing a Medical Malpractice Claim
There are strict deadlines that limit the amount of time to file medical malpractice claims. In Illinois, the statute of limitations requires a patient to file a medical malpractice lawsuit within two years of the date of discovery. The date of discovery is the date the patient discovers, or should have discovered, his injuries or the date the patient discovers, or should have discovered, that the injuries were the result of medical malpractice. In addition to the two-year statute of limitations, Illinois law prevents a patient from filing a claim more than four years from the date of the medical treatment that caused the injuries, regardless of the discovery date. There certain are exceptions to the statute of limitations, however. If you suspect that you have been the victim of medical malpractice, contact us as soon as possible to preserve your legal rights.
Contact Our Legal Team for Assistance with Your Surgical Error Claim
If you believe you have been the victim of a surgical error, our experienced attorneys are ready to help. Our legal team serves victims in the Chicago area and throughout Illinois. Contact us without delay so we can investigate your case and get to work right away to help you recover the full compensation you are entitled to. You can count on our experienced legal team to fight aggressively on your behalf.
