If you or a loved one has suffered due to a surgical error in Virginia Beach, it’s crucial to understand that you have legal options available to seek compensation for your injuries. At Tronfeld West & Durrett, our dedicated team of personal injury lawyers is committed to advocating for the rights of patients affected by surgical negligence, ensuring you reserve the compensation you deserve.
Injured During a Surgery? Our Surgery Error Lawyers in Virginia Beach Can Help You Claim Compensation
Despite advancements in medical technology and surgical techniques, errors during surgery can still occur, leading to significant harm or even life-altering consequences for patients.
We understand at our law firm how deeply such mistakes can affect you and your loved ones, in terms of physical, emotional, and financial challenges, and we’re ready to guide you through the legal steps:
- Case evaluation: We’ll conduct a thorough review of your case to determine the viability of your claim.
- Gathering evidence: Collecting medical records, expert testimonies, and other crucial evidence to build a strong case.
- Navigating legal procedures: Handling all legal filings, negotiations, and court appearances on your behalf.
- Maximizing compensation: Fighting to secure full compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Providing support: Offering compassionate support and guidance throughout the legal process.
If a surgical error has impacted you, we’re here to understand your situation, explore your legal possibilities, and advise on the most strategic legal direction.
For answers to your questions with a surgery error serving Virginia Beach, call:
800-321-6741
What Is Considered a Surgical Error?
A surgical error is any preventable mistake that occurs during the course of a surgical procedure. These errors can range from operating on the wrong body part or patient, leaving surgical instruments inside the patient, to causing unintended damage to organs or tissues.
When it comes to surgical errors, these are considered a form of medical malpractice when they result from a breach of the standard of care expected in the medical community. It’s important for patients to recognize that not all adverse outcomes from surgery are due to negligence; however, when an error is preventable and causes harm, patients may have grounds for a legal claim.
Understanding The Standard Of Care In Virginia Beach
In Virginia, the standard of care in surgical procedures is defined as the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.
This standard is not a fixed measure but varies depending on factors such as the patient’s condition, the complexity of the surgery, and advancements in medical knowledge and technology. When a surgeon or surgical team fails to meet this standard, resulting in harm to the patient, it may constitute a breach of duty, forming the basis for a medical malpractice claim.
How Long Do You Have to Sue a Doctor After Surgery in Virginia?
The statute of limitations for filing a medical malpractice lawsuit, including cases involving surgical errors, is generally two years from the date of the injury. This is outlined in Virginia Code § 8.01-243, which sets the legal timeframe within which a patient must initiate legal action against a healthcare provider.
However, there are exceptions to this rule, such as cases involving minors or situations where the injury was not immediately discoverable, which can extend the filing deadline. Given the complexities surrounding these timelines, it’s essential to consult with our medical malpractice attorneys as soon as possible to ensure your claim is filed within the appropriate period and to preserve your right to compensation.
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Common Cases of Surgical Malpractice
Surgical procedures are complex and require the utmost precision and care. Despite stringent protocols, at least 4,000 surgical errors occur each year in the US, with some of the most distressing mistakes involving operations on the wrong body part. These errors not only breach the trust between patients and healthcare providers but also lead to a host of negative outcomes, including prolonged hospital stays, escalated healthcare costs, and an increased likelihood of complications and mortality.
With decades of experience handling personal injury cases, we have seen how common surgical malpractice cases include:
- Operating on the wrong body part: A failure in pre-surgical planning and verification processes.
- Performing the wrong procedure: Mistakes in understanding patient charts or surgical directives.
- Leaving surgical instruments inside the patient: A lapse in surgical counts and equipment tracking.
- Nerve damage during surgery: Inadvertent damage to surrounding tissues or organs.
- Anesthesia errors: Incorrect dosage or improper monitoring leading to patient harm.
- Post-operative infections: Due to non-sterile techniques or poor wound care management.
If you’ve suffered due to a surgical error, determining whether you have a malpractice case requires a thorough understanding of medical standards and legal criteria. Our experienced team at Tronfeld West & Durrett is adept at navigating these complex considerations, offering expert guidance to assess the validity of your claim and pursue the justice and compensation you deserve.
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Crucial Factors in Surgery Malpractice Claims
The first step we’ll take to build a strong case on your behalf will be determining who is at fault for your injuries and damages. However, establishing a surgical malpractice claim involves several critical factors that must be carefully evaluated to determine the validity of your case.
Duty of Care
The medical professional must have had a duty of care towards the patient. This is established by the patient-doctor relationship.
Breach of Duty
Evidence must show that the healthcare provider failed to adhere to the accepted standard of care in the medical community.
Causation
It must be demonstrated that the breach of duty directly caused the injury or harm to the patient.
Damages
The patient must have suffered quantifiable harm – including both economic damages and pain and suffering – as a result of the negligence, warranting compensation.
How Our Team of Attorneys Investigate Surgical Malpractice Incidents
We understand the profound impact that surgical errors can have on your life and are committed to holding responsible parties accountable. Over our decades of experience, we have secured millions in compensation for injured clients, and we want to do the same for you.
If you suspect that you’ve been a victim of surgical malpractice, don’t hesitate to contact us. Our team is ready to provide you with a free consultation, evaluate your case, and discuss the best path forward to secure the compensation you need to move forward.
Call or text 800-321-6741 or complete a Free Case Evaluation form