Surgical error cases are under the same burden of proof as other medical malpractice lawsuits. The following are elements that must be clearly established in order to file a claim for surgical malpractice and prove liability:
The surgeon or anesthetist owed the patient a duty of care - this applies to surgeries that are planned as well as emergency operations.
The surgeon failed to operate under the standard level of care expected of other medical professionals in the same situation.
The patient suffered emotional or physical harm.
The harm suffered by the patient was a direct result of the surgeon's negligence or error.
In order to prove your surgical malpractice case, you need to work with a skilled Louisville surgery error attorney at Dolt, Thompson, Shepherd & Conway. Our experienced team can investigate all aspects of your case, collect evidence, and work with expert witnesses that support your claim for damages.
In order to succeed in a surgical malpractice case, the victim must prove all the elements of negligence. Failure to prove any one element would result in an unsuccessful claim. Every surgery has some degree of inherent risk. Even procedures characterized as minor surgeries can sometimes result in unwanted outcomes. With all medical procedures, there is the risk that something will go wrong, no matter how good your doctor is. That underlying truth is what makes surgical malpractice cases complex.
When a patient suffers injury from a surgical procedure, the surgeon’s care of the patient is closely examined through the patient’s medical records and hospital charts, to determine if the surgeon deviated from the expected standard of care. The next hurdle is to prove that the harm suffered by the patient was a direct result of the surgeon’s error.