Going in for any type of surgery is going to be nerve-wracking. Whether it is an outpatient procedure or one that requires a hospital stay, you are right to be anxious. You’re thinking ahead to the outcome of the surgery and if there will be pain. There is also the issue of whether the procedure will effectively take care of the ailment. Before you can deal with the aftermath, you have to first get through the surgery and that has its own levels of anxiety.
Before any surgical procedure, you will be required to sign a consent form. This is meant to provide you with information pertaining to the scope of the operation and the potential complications. We all assume a certain amount of risk by agreeing to surgery, but that consent does not excuse negligence. When something goes wrong during surgery and causes harm, you might be dealing with a case of surgical medical malpractice.
Surgical Malpractice Statistics
As a matter of tort law, there are many claims that would apply to the medical malpractice category. How common is surgical malpractice? The American Medical Association (AMA) breaks down surgical procedures into the following categories:
- Dermatology
- General surgery
- Obstetrics/Gynecology
- Ophthalmology
- Orthopedic surgery
- Otolaryngology
- Urology
- Other surgical subspecialties
In those categories, the AMA finds that between 2020 and 2022, 125 claims per 100 physicians filed for surgical malpractice.
Not all of these claims resulted in a courtroom trial. Some are dismissed early, and others are settled out of court. One thing all of these claims have in common is the need for experienced surgical error lawyers. Attorneys with this knowledge of the limitations of a medical malpractice claim will prove invaluable for helping with the entire process.
Identifying the At-Fault Healthcare Professional
One of the reasons that you need to retain the services of a skilled attorney is to benefit from their ability to investigate what went wrong and who to hold at fault. Obviously, the surgeon is the primary care physician who oversees the operation. Even though many procedures are routine and everyone knows their role, all the decisions need to run through the head surgeon.
As for other surgical team members, Johns Hopkins Medicine explains there can be at least six different people involved in the procedure. Any one of the following members of the surgical team could be found negligent.
Anesthesiologist
There are several noninvasive procedures that require general anesthesia. For the procedures that require you to be completely put under, the anesthesiologist will be in charge of administering the medications. They also are responsible for reviewing your medical history and your current vital statistics to ensure that you’re receiving the proper dosage of anesthesia. They will also be monitoring your progress throughout the procedure.
Certified Registered Nurse Anesthetist (CRNA)
A nurse anesthetist is certified to administer your anesthesia care. The CRNA will most likely set up the intravenous (IV) line that the anesthesiologist will use to deliver the medications. This nurse will also monitor your vitals before, during, and after the procedure.
Operating Room Nurse or Circulating Nurse
When a surgery is depicted in a TV medical drama, the surgeon always asks for an instrument. The operating room nurse or the circulating nurse hands that to the surgeon. These nurses also prep the field for the procedure and dress the incision area.
They are also responsible for keeping track of all the instruments and medical supplies, such as sponges and padding. One common surgical error is when those items are left behind in a patient. This nurse is responsible for those missing items.
Surgical Tech
A surgical tech helps set up the sterile operating room environment and preps all the supplies, tools, and instruments. An infection could be traced back to the operating room and a surgical tech’s negligence.
Residents or Medical Students
If your hospital is a teaching hospital (and most are), residents or medical students could observe or participate in the surgery. The only way for these students to learn is through hands-on training. They should be supervised, but their lack of experience could be an issue if something goes wrong.
Physician Assistant (PA)
A physician assistant is allowed to practice medicine under the supervision of a licensed healthcare professional. They can support the surgeon by closing the incisions with sutures or staples. If this is done improperly, it could create an unwanted scar.
Medical Device Company Representative
Various types of medical devices and equipment can be part of your procedure. A medical device company representative can assist the surgeon by providing information about new devices such as artificial joints, spine stabilizers, or pacemakers. That makes the representative responsible for also learning about a patient’s medical history.
Pursuing a Claim
If you or someone in your family has suffered a surgical error, you can pursue a claim and seek compensation. Because of the complexity of medical malpractice cases, you must work with an attorney who has a network of medical professionals they can call on to help make sense of what went wrong. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC have the experience and the team standing by to support your claim. If negligence occurs during surgery, there has to be accountability.
