We have seen how surgical errors can have devastating consequences, leaving patients with severe injuries, prolonged recovery times, and in some cases, permanent disabilities or even death. With over 50 years of experience in handling personal injury cases across Virginia, we’re well-equipped to navigate your surgical error claim and secure the compensation you need to move forward. Our goal is to ensure those responsible for the harm are held accountable.
How Our Fredericksburg Surgery Error Attorneys Can Assist You
Moving through Virginia’s legal system to get financially restituted after a surgical error can be complex, requiring proof of the healthcare provider’s negligence and deviation from standard care.
However, our Fredericksburg personal injury attorney team is here to help you get justice. Tronfeld West & Durrett has the necessary experience to help you successfully recover compensation.
Once we take on your case, we start with a comprehensive evaluation, including an in-depth review of your medical records and the circumstances surrounding the surgical error. This allows us to identify all potential breaches of the standard of care.
Next, our team meticulously gathers all necessary evidence. This includes obtaining medical records, surgical reports, witness testimonies, and any additional documentation that supports your claim. However, building a strong case is not just about collecting evidence but also about crafting a persuasive argument.
We prepare a detailed narrative that outlines the negligence and its impact on your life, backed by solid evidence and expert testimony. We use this narrative to negotiate with insurance companies and opposing counsel, ensuring they understand the full extent of your damages and the justification for the compensation sought.
If negotiations don’t lead to a fair settlement, we can take your case to court. Our attorneys have extensive trial experience and will represent you vigorously, presenting a well-constructed case to the judge and jury. Throughout the entire process, we keep you informed and involved, ensuring you understand each step and feel confident in our strategy.
For answers to your questions about a surgery error in Fredericksburg, call:
800-321-6741
Common Causes of Surgical Mistakes
Surgical errors are alarmingly common and can arise from various factors. According to a study found in the National Library of Medicine, medical errors are the third leading cause of death in the United States, with approximately 400,000 hospitalized patients experiencing preventable harm each year and over 200,000 patient deaths annually due to preventable medical errors.
Common causes of surgical mistakes include:
- Inadequate preoperative planning: Failing to properly plan and prepare for surgery.
- Fatigue: Surgeons working long hours without adequate rest.
- Miscommunication: Errors in communication among surgical team members.
- Technical errors: Mistakes in surgical technique or use of equipment.
- Improper postoperative care: Inadequate monitoring and care after surgery.
Unfortunately, we have seen how these errors can result in serious complications, including infection, internal bleeding, organ damage, and even wrongful death. Our team is here to consider the full extent of the damage and provide the legal support you need to get the justice you deserve.
Determining Liability in Surgical Malpractice Cases – Who Can Be Held Accountable for a Surgical Error?
Establishing liability is a critical step. We work to prove the healthcare provider’s negligence directly caused your injuries, which involves demonstrating how the error occurred and linking it to the resulting harm.
Liability can extend to various parties involved in the surgical process, and our team meticulously investigates each case to identify all responsible parties and establish a strong basis for your claim.
Identifying Negligence Among Medical Professionals
According to Virginia Code § 8.01-581.1, malpractice refers to personal injury or wrongful death resulting from negligent health care or services that weren’t provided when they should’ve been.
So, medical negligence occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would provide under similar circumstances. To prove it, you need to demonstrate the healthcare provider breached their duty of care, directly causing harm to the patient.
At Tronfeld West & Durrett, our attorneys are skilled in navigating medical malpractice laws and understand how to compellingly present your case and evidence to secure rightful compensation.
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What Types of Surgical Errors Can Lead to a Malpractice Claim?
Overall, these are the most common types of surgical errors we see in our clients’ cases:
- Wrong-site surgery: Operating on the wrong part of the body.
- Incorrect procedure: Performing a different procedure than intended.
- Anesthesia errors: Administering the wrong dose or type of anesthesia.
- Foreign objects left in the body: Leaving surgical instruments or sponges inside the patient.
- Infections: Caused by unsanitary surgical conditions or improper sterilization.
- Nerve damage: Resulting from surgical errors or negligence.
However, each case is unique and the consequences of medical malpractice can extend beyond. That’s why we offer a free initial consultation to evaluate your case and help you set realistic expectations for the compensation you can request.
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How Much is Your Surgical Error Case Worth?
The value of surgical error cases varies significantly based on the specifics of the incident and the resulting damages. However, in Virginia, the total amount recoverable for any injury to, or death of, a patient in a medical malpractice case is capped at $2.60 million, as stated in Virginia Code § 8.01-581.15.
No matter the type or severity of the surgical error you suffered in Fredericksburg, it’s crucial to hold responsible parties accountable. We’ve helped countless victims in Virginia recover multi-million dollar settlements for their medical malpractice claims (as shown in our case results), and we can do the same for you.
Virginia’s Statute of Limitations for Medical Malpractice Claims
According to Virginia Code § 8.01-243, you generally have two years from the date of the malpractice to file a claim. However, there can be exceptions in certain cases, such as if the malpractice wasn’t immediately discovered (known as the “discovery rule”).
Our lawyers can help you ensure your claim is filed within the appropriate time frame, and break down the statute of limitations applicable to your case.
Contact a Fredericksburg Surgery Error Lawyer Today – Free Initial Consultation Available
After suffering a surgery error in Fredericksburg, don’t wait to seek legal help. At Tronfeld West & Durrett, we can provide the expert legal support you need to pursue legal action and secure the compensation required for your recovery.
Also, we offer free consultations for you to ask all the questions you need and for us to assess your case and available legal options. To schedule yours, contact us today! And remember, there are no fees unless we win your case.
Call or text 800-321-6741 or complete a Free Case Evaluation form