Did you need that surgery? How to respond to a bad medical procedure

Medical malpractice comes in many forms with varying degrees of severity. Many medical malpractice cases involve medication errors, either ignoring contraindications or misdosing. Particularly egregious errors include “surgical never” events, which are events that should never occur under any circumstances. These events include leaving foreign objects in a patient’s body, performing unnecessary procedures, performing procedures on the wrong patient, and other outlandish behavior.

While no patient wants to believe that he or she is the victim of medical malpractice, surgical events never occur approximately 4,000 times a year in the United States. Ordinary negligence occurs much more frequently. Patients who believe they are victims of medical malpractice should ask questions, get a second opinion, take preventative action, and seek compensation.

Ask questions

Due to the nature of medicine, it may not be immediately apparent when a patient is operated on incorrectly or an unnecessary procedure is recommended. Physicians are expected to be experienced and trustworthy. Patients generally submit to the judgment of trained professionals and this generally works well. However, patients still need to understand what is happening at any stage.

Patients who have concerns should always try to have them addressed. Patients should ask about anything related to the appropriateness of the particular course of action, including why a procedure is performed or a medication is prescribed, alternatives to the procedure or medication, side effects, and recovery times. In addition to being able to understand what is happening, the patient will have additional information to pass on to other professionals in the future.

Get a second opinion

Patients who believe their doctor may have made a mistake should see a second experienced doctor. Upon examination by another physician, the patient can determine whether the relevant action was one that a reasonable physician would have taken. Reasonable minds may differ when making decisions about patient care, and not all procedures with a negative outcome constitute medical malpractice.

However, if the patient’s physician made a significant error, such as ordering unnecessary invasive surgery, other professionals will quickly identify the negligence. Trained professionals within the same industry understand their standard practices, and if one physician deviates from those practices, another medical professional will be better placed to identify the error. Once a bug is identified, the doctor can formulate a treatment regimen to minimize the damage.

Follow the treatment regimen

Once patients realize that they have been victims of medical malpractice, it is imperative that they follow the treatment regimen formulated by competent medical professionals. This is particularly important in the event of a never surgical event. Complications of surgery range from pain to fatal infections. Without proper treatment, the damage caused by the wandering doctor can get much worse.

Additionally, patients who are victims of medical malpractice causing serious injuries are likely to seek compensation for their injuries. Plaintiffs in civil negligence cases have a duty to mitigate their damages. In addition to increasing pain and the likelihood of serious harm, allowing a known act of medical malpractice to continue or allowing damages to increase can compromise one’s claim. Some patients are not always as vigilant as they should be when following a doctor’s recommendations, but after an act of medical malpractice, it is imperative that patients do so.

seek legal advice

When the standard of care provided by a physician falls below the accepted standard of care for physicians in similar situations, that medical professional is guilty of medical malpractice. Following an act of medical malpractice, patients may have experienced severe pain, lost income, and incurred large medical bills. Seeking compensation from the at-fault party, whether you require a Maryland or Montana medical malpractice attorney, is the next logical step.

In particularly egregious cases of medical malpractice, either party’s doctor, hospital, or insurance company may attempt to settle with the victim. The insurance company will offer a token settlement, such as offering to compensate the victim only for her medical costs, in hopes of deferring a lawsuit. These agreements often ignore other patient needs, such as pain and suffering and loss of income.

When the discussion has migrated to potential settlements, victims should not talk to these parties. Instead, victims should consult with an attorney experienced in the field of medical malpractice. Represented parties can ensure your rights are respected and increase the likelihood that your injuries will be fully addressed. Without the threat of litigation, poor-quality doctors have little incentive to improve.

Physicians complete college, medical school, residency, and often a fellowship to earn the right to practice medicine. Unfortunately, not everyone who goes through this process is able to meet the standard of care all the time. According to a 2011 article in the New England Journal of Medicine, 7.4 percent of doctors are sued for medical malpractice each year.

The rate varies substantially by specialty, with general surgeons being sued at more than twice that rate, while pediatricians and psychiatrists are sued much less frequently. Anyone who believes they have been the victim of medical malpractice should seek a second opinion immediately. If their suspicions are confirmed, they should seek legal advice immediately.