Surgical errors are among the most distressing forms of medical malpractice, often resulting in severe injuries, prolonged recovery times, and sometimes even permanent disabilities or death. The consequences of these errors can be catastrophic for victims and their families, but you can seek justice and compensation to recover and reclaim your life if this has happened to you.
At Tronfeld West & Durrett, our personal injury lawyers have decades of experience serving the injured, and our team in Norfolk is ready to provide the legal assistance you need to move forward with your life.
Our Norfolk Surgery Error Attorneys Can Assist You – Trust Our Decades of Experience in Virginia
Our Norfolk surgery error attorneys are dedicated to providing comprehensive legal support to victims of surgical mistakes. Here’s how we can assist you:
- Comprehensive case evaluation: We start with an in-depth review of your medical records and the circumstances surrounding the surgical error. This thorough evaluation helps us identify all potential breaches of the standard of care and determine the best course of action for your case.
- Expert consultation: Our firm collaborates with a network of medical experts who provide critical insights into surgical error and their impact on your health. These experts help us build a strong case by confirming that the medical team deviated from the accepted standards of care.
- Evidence collection: We meticulously gather all necessary evidence to support your claim. This includes medical records, surgical reports, witness testimonies, and any additional documentation that proves negligence and links it to the harm you suffered.
- Negotiation with insurance companies: Armed with a detailed narrative and solid evidence, we negotiate with insurance companies and opposing counsel to ensure they understand the full extent of your damages and the justification for the compensation sought. Our goal is to secure a fair settlement that covers all your losses, including medical expenses, lost wages, and pain and suffering.
- Court representation: If negotiations do not lead to a satisfactory settlement, we are prepared to take your case to court. Our attorneys have extensive trial experience and will present a well-constructed case to the judge and jury, advocating vigorously on your behalf.
Throughout the entire process, we keep you informed and involved, ensuring you understand each step and feel confident in our strategy. Our proven track record demonstrates our commitment to achieving favorable outcomes for our clients, and we are ready to represent you with the same level of commitment.
For answers to your questions about a surgery error in Norfolk, call:
800-321-6741
Common Causes of Surgical Mistakes in the Cases We Handle
Unfortunately, surgical errors are alarmingly common and can arise from many circumstances. According to a study found in the National Library of Medicine, medical errors account for 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: Failure to adequately plan can result in unforeseen complications and mistakes during the procedure.
- Fatigue: Surgeons and medical staff often work long hours without adequate rest, leading to fatigue. This can impair judgment and coordination, increasing the risk of errors.
- Miscommunication: Errors in communication can lead to mistakes such as performing the wrong procedure or operating on the wrong site.
- Technical errors: This can include improper use of surgical instruments or failure to follow established protocols.
- Improper postoperative care: Inadequate monitoring and care after surgery can lead to complications such as infections or internal bleeding.
We know that each case is unique and demands our full attention to determine which error or act of negligence caused you harm. We have seen how these errors can result in serious complications, including infection, internal bleeding, organ damage, and even wrongful death, and we are ready to represent your interest to secure rightful compensation.
Types of Surgical Errors Can Be Considered Medical Malpractice
Surgical errors that can lead to malpractice claims include:
- 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
In case of any doubts regarding the feasibility of your case, it’s highly recommended to get in touch with our attorneys for a complimentary first consultation to guide you on the path forward.
Determining Liability in Surgical Malpractice Cases – Who Can Be Held Accountable for a Surgical Error?
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. Medical negligence occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would provide under similar circumstances.
For us, establishing liability is a critical step in pursuing a surgical malpractice claim. We work to prove that the healthcare provider’s negligence directly caused your injuries, demonstrating how the error occurred and linking it to the resulting harm. Liability can extend to various parties involved in the surgical process:
- Surgeon: The primary responsibility for the surgical procedure lies with the surgeon. If the surgeon makes a mistake, such as performing the wrong operation or damaging an organ, they can be held liable for malpractice.
- Medical staff: Nurses, anesthesiologists, and other medical staff who assist during the surgery can also be held accountable if their actions contributed to the error. This can include errors in administering anesthesia, improper patient monitoring, or failure to follow sterile procedures.
- Hospital: The hospital or medical facility where the surgery took place can be held liable if the error resulted from systemic issues such as inadequate staffing, poor training, or faulty equipment.
Our lawyers possess the expertise needed to effectively navigate through the aspects of medical malpractice law and present strong evidence to earn rightful compensation for your recovery – no matter who is at fault.
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What Can You Recover in Damages? Don’t Settle for Less
Victims of surgical errors can recover various types of damages, including both economic and non-economic losses. Economic damages cover tangible financial losses such as medical expenses, lost wages, and costs for ongoing treatment or rehabilitation. Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
We will consider the full scope of recoverable damages to ensure you seek adequate compensation to address all aspects of your suffering.
What’s the Potential Value of Your Surgical Error Claim in Norfolk?
Determining the value of a surgical error case involves assessing multiple factors that contribute to the overall damages suffered by the victim. These factors include the severity of the injury, the extent of medical expenses incurred, and the impact on the patient’s quality of life. For instance, more severe injuries that require extensive medical treatment and result in long-term or permanent disability will generally lead to higher compensation. Additionally, lost wages and the inability to work can significantly increase the claim’s value. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life also play a crucial role in determining the total compensation.
Each case requires a thorough evaluation to accurately estimate the potential settlement. Our case results provide examples of the millionaire amounts we have secured for our clients, and we are open to discuss real case results with you in order to set realistic expectations on the compensation you could receive.
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How Long Do You Have to File a Claim?
The statute of limitations for filing a surgical error claim in Virginia is generally two years from the date of the error or its discovery. It’s vital to act promptly to ensure your case is filed within this period, as missing this deadline can result in losing the right to pursue legal action and seek compensation for your injuries.
Why Choose Our Norfolk Surgery Error Lawyers?
Choosing the right legal representation is critical in a surgical error case. At Tronfeld West & Durrett, our Norfolk surgery error lawyers bring extensive experience, a proven success rate, and a deep commitment to each client. Our firm’s over half a century of experience handling medical malpractice cases equips us to handle complex legal scenarios and champion our clients’ causes effectively.
Our dedication and compassion to achieving the best possible outcomes is what sets us apart. We’re big enough to handle any case. Small enough to have a personal feel.
Contact Us for a Free Consultation
If you or a loved one has been a victim of a surgical error, it’s essential to seek legal assistance as soon as possible. Get in touch with us for a free consultation to discuss your case and explore your legal options. Our team is here to provide the expert support and guidance you need to secure the compensation you deserve. Contact us to begin your claim with no upfront costs – we won’t charge any fees unless we win your case.
Call or text 800-321-6741 or complete a Free Case Evaluation form