Here are some factors that influence who is liable for a surgical error.
Although a surgical error is one of the worst instances of medical malpractice, it can be somewhat simpler to settle with a lawsuit. The only issue is determining who was at fault, and in many cases it is not always the surgeon. Here are some factors that influence who is liable for a surgical error.
The Surgeon
Although the surgeon is not always liable for surgical errors, there is no one else who is as directly involved in a surgical procedure. There are many ways that a surgeon’s negligence can result in injuries, such as making a mental error that leads to an unnecessary laceration or being impaired either by alcohol or lack of sleep. But to determine if the liability should fall on the surgeon, you will have to prove that they are the exclusive cause of your injury. For example, many if not all surgeries require a planning stage before. If there were no errors in that stage but there was still an error in following the plan, then it can be reasoned that the surgeon’s lack of communication was the result.
The Hospital
There are many cases where the hospital rather than the doctor is liable for a medical malpractice injury, and surgical errors are no exception. It all depends on how the surgeon is associated with the hospital. For example, a surgeon that is an independent contractor would be liable, but not one that is an employee of the hospital because the liability would go to the hospital. There are other cases where even an independent surgeon would not be liable. If the hospital provides faulty equipment, then they would be liable. If you had emergency surgery in the ER, then it was most likely performed by a surgeon directly employed by the hospital.
The Anesthesiologist
An anesthesiologist is a sometimes-overlooked but equally crucial member of the surgical team. Their job isn’t just to put a patient to sleep but to closely monitor the patient’s vital signs during the surgery. An error on the part of an anesthesiologist can cause significant injuries. An incorrect dosage, improper insertion of the breathing tubes, and other errors can lead to brain injuries and even wrongful death. Fortunately, it can be fairly straightforward to prove liability in an anesthesia error.
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The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Give us a call at (410)-843-3476 for a free case evaluation. You can also visit our website www.410thefirm.com and follow us on Facebook, Twitter, and LinkedIn for more information.