Surgical complications are unexpected issues that can arise during or after surgery, even when everything is done correctly. For instance, you might develop an infection despite sterile conditions or your body could react poorly to anesthesia. While these outcomes are distressing, they aren’t necessarily caused by negligence.
Malpractice occurs when a healthcare professional fails to meet the expected standard of care, leading to harm. It could be operating on the wrong body part, leaving a surgical instrument inside you or failing to monitor you properly after surgery.
How can you tell the difference?
Surgical errors are not just about a bad outcome. They are about whether the medical team made preventable mistakes. Ask yourself: Was the error preventable? Did the operating team act recklessly or negligently? Knowing the difference between complications and malpractice is crucial to protecting your interests.
For example, if your surgeon ignored your medical history or skipped critical steps before, during or after the procedure, that’s a red flag. On the other hand, if your complication was a known risk of the surgery and you were informed beforehand, it’s likely not malpractice.
What should you do next?
If you suspect medical malpractice in the operating room, don’t wait. Document everything, from your symptoms and medical records to conversations with a healthcare provider. This can help build a solid case as you pursue compensation for the harm and losses you suffered.
Most importantly, seek legal guidance to understand your rights and navigate the nuances of such claims. Medicine is a rather complex field, and proving negligence is not always as straightforward.
Surgery always carries risks, but you shouldn’t suffer because of someone else’s negligence. Your health and your rights are worth fighting for.
