Surgical Error Attorney
Surgical Error Attorney
Surgery requires precision, expertise, and strict adherence to standards of care. When medical professionals make preventable mistakes during surgery, the consequences can be devastating for patients and their families. At Watson & Carroll, P.C., L.L.O., we represent victims of surgical errors, holding negligent healthcare providers accountable and helping clients recover the compensation they deserve.
What is a Surgical Error?
A surgical error is a preventable mistake that occurs during surgery due to negligence or substandard care. These errors are not a typical risk of surgery but rather avoidable events caused by improper actions or decisions by the surgical team. Common surgical errors include:
- Wrong-site surgery: Operating on the wrong body part.
- Foreign objects left in the body: Surgical tools or sponges left inside the patient.
- Nerve damage: Caused by improper techniques or instruments.
- Anesthesia errors: Overdosing, underdosing, or failing to monitor the patient correctly.
- Infections: Resulting from unsanitary conditions or improper sterilization of tools.
Common Causes of Surgical Errors
Surgical errors often occur because of systemic issues or individual negligence, including:
- Inadequate preoperative planning: Failure to review patient history or prepare for complications.
- Poor communication: Miscommunication among surgical team members about procedure details.
- Fatigue or distraction: Surgeons working long hours or being distracted during the operation.
- Failure to follow protocols: Deviations from established surgical standards or guidelines.
Impact of Surgical Errors on Patients
A surgical error can lead to catastrophic consequences, including:
- Permanent disability: Loss of function or mobility due to nerve or organ damage.
- Chronic pain: Long-term physical and emotional suffering.
- Additional surgeries: To correct the mistake, increasing risk and financial burden.
- Infections or sepsis: Potentially life-threatening complications.
Our Unique Approach
As both a licensed attorney and a registered nurse, John F. Carroll brings a unique combination of legal and medical expertise to surgical error cases. John’s medical background allows him to thoroughly evaluate surgical procedures, identify breaches in the standard of care, and consult effectively with medical experts to build a strong case.
Licensed to practice law in Nebraska, South Dakota, and Iowa, John also understand the nuances of medical malpractice laws in each state, including damage caps and procedural requirements.
State-Specific Legal Considerations
Each state imposes specific limits on damages in medical malpractice cases, including surgical errors:
Nebraska (NE)
Total damages are capped at $2,250,000 for cases occurring after 2014. (Nebraska Revised Statute § 44-2825)
South Dakota (SD)
- Noneconomic damages are capped at $500,000, with no cap on economic damages. (South Dakota Codified Laws § 21-3-11)
Iowa (IA)
Noneconomic damages are capped at $1 million for individual providers and $2 million for hospitals, with no limit on economic damages. (Iowa Code § 147.136A)
Navigating these legal frameworks is critical to securing full compensation for surgical error victims.
How We Help You
At Watson & Carroll, we are committed to fighting for patients harmed by surgical errors. Our process includes:
- Comprehensive case review: We meticulously analyze medical records and surgical procedures with the help of medical experts.
- Identifying negligence: We determine how the standard of care was breached and link the error to the harm suffered.
- Pursuing compensation: We fight for damages to cover medical expenses, lost income, pain and suffering, and other losses.
Why Choose Watson & Carroll?
Our firm’s combination of medical and legal expertise allows us to provide unparalleled advocacy for victims of surgical errors. We understand the complexities of both the medical and legal systems, enabling us to build strong cases that hold healthcare providers accountable.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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