Does Medical Negligence Always Lead to a Lawsuit?

There is nothing worse than waiting outside a patient’s room waiting to hear about the fate of a loved one, only to find out that there has been a complication that was not previously disclosed. Before a person enters a surgery, the doctor must inform them and their family of all the possible complications that may occur within the surgery. It is also necessary to note that the patient may code if they are not able to handle the surgery for any reason. What is not noted though is if the doctors themselves make a mistake that causes the patient to code or to fall into a coma, or any other issues. 

Below is a list of medical errors that can and do lead to a lawsuit.

Foreign objects left in patient

A foreign object left in a patient, such as a towel, a sponge, or even a clamp, is pure medical negligence and can cause a major infection that can lead to their demise. Surgical error attorneys at recognize the huge difference between disclosing possible complications and harm done due to a surgical error. Leaving a sponge or a clamp is not something that is disclosed as it can be avoided by simply remembering to remove them from the patient’s body.

Wrong surgical procedure

It is controversial whether this is considered as medical negligence or not. It is possible that when a doctor opens up a patient and conducts the surgery, they could find something that was not previously shown in scans, which makes the current procedure not fit for the patient anymore. If the doctor performs the wrong surgery entirely, then that is pure negligence and a lawsuit can definitely be filed.

Anesthesia errors

This is also one of the most dangerous things a patient can go through while on the table. If the anesthesia is not strong enough, a patient could wake up in the middle of a surgery and be unnecessarily traumatized. It is possible though that the patient’s drug metabolism can be quite strong without previously knowing, causing the anesthesia to wear off extremely quickly. 

Accidental punctures

This again is difficult to know whether it was medical negligence or a complete accident. The doctor could be doing everything right, but accidentally puncture something that may lead to a life-threatening complication. This purely depends on the doctor and the situation itself – in some cases, a lawsuit could not hold up as the doctor had a clean record and puncturing or cutting an artery or a nerve could have happened to any other doctor.

Not all complications lead to a lawsuit. For instance, one of the most common issues a patient may suffer is “post op infections”; while most are preventable and avoidable, some are not. If the doctor and the nurses have done everything in their power to avoid a complication, then a lawsuit is less likely to hold in court. On the other hand, if it is pure “negligence” or failure to take proper care, then more often than most, a lawsuit will or can be filed.

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