You’ve been injured by a medical procedure and don’t know what to do. You’re not sure if it was caused by the doctor, an assistant, or yourself. And you’re wondering how much this is going to cost you in time, money, and physical pain.
Getting injured after a medical procedure can be a harrowing experience. So much so that one study found that medical malpractice is a leading cause of death and injury among patients. Luckily, you can take steps to avoid unnecessary costs and stress. This article will tell you everything that happened when I was injured caused by a medical procedure to be informed on what steps to take next.
- Common injuries associated with medical procedures
Before diving into the steps you should take if you are injuries caused by a medical procedure, let’s look at some of the more common injuries associated with these procedures. Injuries caused by medical procedures can range from minor to catastrophic. Some of the most common injuries include the following:
- Cuts and lacerations: These can occur from the use of medical instruments, such as scalpels or scissors.
- Burns: Burns can be caused by cautery devices, hot packs, or lasers.
- Puncture wounds: These can occur when a needle or other sharp object is used during a medical procedure.
- Muscle and nerve damage: This can occur when muscles are being moved by force or are being held in an unnatural position for a prolonged time.
- Blood clots: These can be caused by invasive procedures or sedation.
- Infection: This can occur from a lack of sanitary conditions.
However, some injuries can be debilitating and affect your quality of life. These injuries include the following:
- Chronic pain: This can be due to severe injuries, such as nerve damage.
- Paralysis/paraplegia: This can occur if your spine is pinched or damaged by equipment during surgery.
- Loss of balance and coordination: You might lose these abilities if the nerves that control balance are injured during surgery on the ear, nose, throat (ENT), or brain.
- Amputations: These can occur when something goes wrong during surgery. For example, the nerves, muscles, blood vessels, or tendons might be cut too deeply.
- Death: This can result in lawsuits for wrongful death. If you suspect that your loved one’s cause of this is due to a medical procedure, make sure their doctor is aware of this.
- Medical malpractice laws and what they mean for patients
Medical malpractice is a legal term used to describe when a healthcare professional, such as a doctor, nurse, or technician, provides substandard care that leads to injury or death. This type of lawsuit can be filed against the healthcare professional, the hospital, or the pharmaceutical company involved.
To file a medical malpractice lawsuit, you must meet certain criteria. These include the following:
- The healthcare professional owed you a duty of care. This means that they had a legal and ethical obligation to provide you with a certain level of care.
- The healthcare professional breached their duty of care. This means that they failed to meet the minimum standard of care required and caused you injury or death.
- The healthcare professional’s breach of duty caused your injury or death. This means that the negligent care you received directly led to your injury or death.
- You suffered damages as a result of the injury or death. This includes medical expenses, pain and suffering, lost wages, and more.
If you meet all of these criteria, you might be able to file a medical malpractice lawsuit.
- Medical procedure injury lawsuits
Not all medical procedures are performed to cause damage or harm. Still, if you suspect that you were injured by a medical procedure done on purpose, you might be able to file a lawsuit against the responsible parties for damages. Damages can cover pain and suffering, lost income, and future medical expenses.
To file a medical procedure injury lawsuit, you need to be able to prove that the person or entity you’re suing was negligent and that their negligence came directly from the procedure itself. Some of the elements you should look for in your case include:
- Was there a breach of duty? This means that the healthcare professional did not meet the accepted standard of care for the procedure in question.
- Was there causation? This means that the injury or death you sustained was a direct result of the breach of duty.
- Was there damage? This means that you suffered some harm due to the medical procedure.
If you can answer yes to all of these questions, you might have a strong medical procedure injury case. You’ll need to meet with a personal injury lawyer with a solid track record in medical malpractice cases. This way, they can guide you through the process and help ensure that the responsible parties are held accountable.
If you are injured by a medical procedure, it can be difficult to know your next steps. This article has explained the different types of injuries that might have been caused during surgery, how to identify if this was indeed an injury caused by a medical procedure, and some helpful tips on whom you should call for help with any legal or financial issues.
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