When visiting a doctor or dentist to undergo a surgery, a patient puts their complete trust into that surgeon’s hands. With no control or oversight, patients rely on the competence and care of their doctors to make sure they are treated appropriately. However, when a doctor or dentist fails to exercise proper care during surgery, resulting in an avoidable injury, that medical professional should be held liable for the harm caused. The Nashville medical malpractice lawyers at Martin Heller Potempa & Sheppard PLLC assist victims who have sustained injuries due to surgical errors, guiding them in pursuing compensation to help them with the costs of recovery. Our firm offers experienced legal representation for residents of Williamson and Davidson Counties.Seeking Compensation for a Surgical Error
A patient going in for surgery should be informed of any risks associated with the procedure, and the patient should be competently able to consent to such risks. However, when a surgeon or other authorized medical staff fails to adhere to the appropriate standard of care, serious complications and further injuries may result. Surgical errors manifest in a variety of ways, with an estimated 12,000 patients dying each year as a result of surgeons performing unnecessary procedures. Additionally, surgical errors occur in the form of:
- A surgeon operating on the incorrect part of the body;
- Unsanitary conditions and preparatory procedures;
- Failing to provide proper pre- or post-operative care;
- Foreign objects left inside a body cavity, such as towels or instruments used during surgery; and
- Careless or reckless decisions.
If you believe you were injured due to a surgical error, contacting a seasoned malpractice attorney who can help you discover what happened and who is responsible may be vital in protecting your legal rights.
Medical malpractice claims may be brought against doctors, hospitals, or other health care providers. To establish liability, an injured plaintiff must show the existence of a doctor-patient relationship between the plaintiff and the defendant. The plaintiff also must demonstrate a breach in the defendant’s duty of care. In circumstances involving surgical procedures, a surgeon is expected to perform his or her job in accordance with the standards generally accepted within the appropriate medical field. Surgeons who fall below these standards are deemed to have breached their duty of care. Also, the defendant’s breach must have been a proximate cause of the plaintiff’s injuries, and damages must have resulted.
Compensation for a prevailing plaintiff in a surgical error case may include past and future medical costs, loss of wages and lost earning capacity, and pain and suffering. If a medical error has resulted in a patient’s death, surviving family members may pursue a wrongful death action on their behalf to seek damages for burial expenses or loss of consortium.
Under Tennessee law, malpractice cases must be filed within one year of the date of the injury or the date when the injury is discovered, and in any event no longer than three years from the date of the breach. Limited exceptions may apply when foreign objects are left in a patient’s body or a doctor engages in fraudulent concealment.Discuss Your Medical Malpractice Case with a Nashville Lawyer
If you have been injured or lost a loved one during a surgery that you believe was conducted in an incompetent manner, the Nashville medical malpractice attorneys at Martin Heller Potempa & Sheppard PLLC can help you determine your legal next steps. Our firm also represents people in Franklin, Charlotte, Belle Meade, and East Nashville, among other communities. Call us at 615-800-7096 or contact us online to schedule an appointment with an injury attorney.