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Michigan Surgical Error Attorney

When undergoing a surgical procedure, patients and their families put their trust in the institutions and medical professionals performing the procedure.  However, despite this tremendous responsibility and the best of intentions, bad outcomes happen.  When the outcomes are a result of negligent mistakes or errors, it’s malpractice. In the medical negligence sense, surgical errors occur when a preventable mistake results in the injury to or death of a patient.  These errors should never happen and are often referred to as “never events”.

If you or a loved one was injured as a result of preventable surgical errors, the Buchanan Firm can help. Our attorneys are leaders in medical malpractice litigation in Michigan and believe that victims deserve justice for what happened to them. Our combined legal-medical team has decades of experience handling medical malpractice cases, including cases involving surgical errors. We have medical professionals on staff to talk with you and immediately review your claim. Our team quickly and efficiently assess the medical facts and takes immediate action to protect your legal rights.

Legal Duty in Surgical Error Claims

Patients undergo surgery to improve or fix a medical condition.  Surgery is a serious matter, no matter if it is a “minor” surgery like a routine mole removal or if it is a major surgery like a quadruple bypass.  All surgeries have risks. While there is no guarantee in any medical procedure, when healthcare professionals follow patient safety rules, surgical problems are significantly reduced.  While surgeons are not responsible for complications or bad outcomes, surgeons are responsible when they violate a patient safety rule, failing to act as a reasonable healthcare professional.

Surgical error claims and all other medical negligence claims begin with a legal duty. This is the responsibility that doctors have to their patients. Since patients are completely dependent on doctors for all their medical needs, that legal duty is very high.

The surgeon must provide a standard or acceptable medical standard of care.  A generally accepted definition of the standard of care in medical settings is: a level of care that an ordinary healthcare professional (in this case a surgeon), with the same training and experience, would provide under similar circumstances in the same community. If they fail to do so and the sub-standard treatment resulted in your injuries, it is likely that medical malpractice occurred. However, if the mistake did not fall below the medical standard of care, even if you were injured, then it is likely that no malpractice occurred. Likewise, if there was substandard care provided, but it did not cause you harm, then there is no malpractice.

 Common surgical errors include:

  • Anesthesia error
  • Doing surgery on the wrong part of the body
  • Cutting a blood vessel or organ that shouldn’t have been cut
  • Turning off or ignoring a warning alarm of the machine monitoring patient vital signs (e.g., heartbeat, blood pressure, blood-oxygen level, breathing rate)
  • A surgery that is unnecessary
  • Using surgery tools poorly or incorrectly
  • Delaying a surgery for too long
  • A reckless decision made under pressure
  • Leaving a surgical instrument or item inside the body
  • Performing the wrong procedure
  • Doing the surgery incorrectly

Unfortunately, some physicians are not careful during surgical procedures. They get careless, complacent, or cut corners on patient safety, forgetting the real dangers or cramming more surgeries into a day to maximize profits. Reckless physician conduct injures patients.

Before a surgery, talk to your physician and anesthesiologist about your concerns. Insist the physician take precautions to prevent error. Demanding safety before surgery may just save your life.

Anesthesia Errors in Michigan

Anesthesia is an important part of almost all surgical procedures. In many situations, such as labor and delivery or emergency surgery, the principles do not make anesthesia decisions until the last minute. Therefore, the risk of anesthesia errors is high. Anesthesia errors can include:

  • Administering too much medicine, so the patient cannot wake up
  • Administering too little medicine, and the patient wakes up during the procedure
  • Failure to account for medical allergies and other such situations
  • Anesthesiologist neglect may be an issue. Some leave the operating area or the premises during the procedure and are therefore unable to respond to emergency situations
  • Some anesthesiologists disable key alarms and other warning systems

Speak With Our Team Today

Serious surgical errors are much more common than they should be. If your life has been impacted by medical negligence contact the Buchanan Firm for a free consultation with an experienced injury attorney. We are passionate advocates for victims of medical malpractice and can help you and your family find a new normal after a serious ordeal. Call us today to explore your legal options.