Elder Care

Medical Surgeries, Diagnosis and Related Issues

Problems In Surgeries

What happens when a person has had surgery and there is a question about whether the surgery was performed properly? The following discussion provides general information. However, it must be emphasized that in almost every instance where this situation arises, you should consult with an attorney about your case. Not all surgeries can be successful and not every case in which a physician or hospital performs an act will give rise to a cause of action against the person or entity. However, each of these cases is different in its nature, and often, one small fact can make a difference in whether there may be a lawsuit.

There should be no question that in these cases one should consult with an attorney for a full review of the particular facts of your own case. This general discussion is not intended to be a substitute for a full-blown analysis by a qualified attorney. Instead, this is just general information.

Generally, a physician, when undertaking to engage in any professional action, such as surgery, prescribing medication, or any other care, must meet what the law has defined as professional standards. When a physician does not meet the expectations of professional standards, the law provides a cause of action for medical malpractice.

Malpractice actually occurs when a doctor departs from the standards of medical practice in one of two ways: (1) when a doctor fails to treat a condition or injury in accordance with the standards in the doctor's community; or (2) when a doctor fails to live up to the standards set by the education and training which he/she received.

In lawyer terms, malpractice occurs when a professional fails to exercise reasonable care in the performance of his or her duties and the patient suffers some damage from such failure. Pain and suffering experienced by the patient is generally the most important part of the lawsuit, but often the most troublesome in terms of proof. Patients who have been told by other physicians that their physician performed some act which failed to rise to the level of professional standards, must prove, if they decide to sue for malpractice, that they suffered some pain and suffering which they would not have had the surgery been successful. This sounds easier than it is sometimes.

Typically, experts must be found in these cases to testify in court that the actions of the physician did not meet the level of professional standards which are required of physicians. These experts are costly, and often much more available to the lawyers who will represent the doctor. Many malpractice cases never get to trial, not because the injuries or the actions were not sufficient, but because a doctor could not be found to testify against another doctor. Many lawyers who are experienced in the area have solved this problem, and as a result, they should be consulted whenever a question of medical malpractice arises.

Also, a successful patient in a malpractice case may recover other damages. These may include medical bills incurred to fix the problem, future medical bills, expected therapy costs, and other related expenses. Future pain and suffering is also recoverable in some jurisdictions. Because of recent tort reforms, there are a number of these which have affected different aspects of the medical malpractice. The rules of your state may seriously affect the ability to bring your case. These new laws may also affect the damages which you may recover, and many of the damages previously available may either be limited or in some cases no longer available.

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