According to the Institute of Medicine, the annual number of deaths caused by preventable medical errors may exceed those associated with heart disease and cancer. These fatal errors and shortcomings in care include failures to implement appropriate care and diagnostic services in a timely manner, medication errors, and other departures from the standards of care accepted within the medical community. One such violation from the standards of care is the failure to guard against preventable injury or death following a surgical procedure.
It is not uncommon to find stories of surgical errors in the news, especially when it involves egregious mistakes, such as surgical procedures performed on the wrong area of the body or organ system. In addition, there are instances regarding surgical supplies, instruments and other items left behind inside of a patient
In order to have a valid surgical negligence claim, it is necessary to provide evidence that the medical professionals involved violated the accepted standards of care before, during or after the surgery. These violations may include but are not limited to:
- Failure to properly and timely monitor the patient’s health throughout surgery and other pre-operative or post-operative treatment.
- Unsanitary or otherwise hazardous operating conditions.
- Inadequate training or experience.
- Errors in surgical technique (e.g., retained surgical instruments, misplaced sutures, etc.).
- Too much, too little or incorrect medication/anesthesia.
- Injuring a nerve or organ when such injury can be avoided.
- Failure to secure adequate informed consent.
- Failures in pre-operative testing and clearance.
Medical malpractice is a particularly complicated area of law which requires significant specialized experience for the proper investigation and pursuance of a matter. If you believe that you or someone you love has been injured or worse due to surgical negligence, please consult with the NJ medical malpractice lawyers at Blume Forte Fried Zerres & Molinari. We have decades of experience handling surgical error claims and can provide the insight and guidance you need to protect your rights.
Call (973) 635-5400 for a comprehensive evaluation of your potential claim.