No matter how squeamish one is about going under the knife some surgeries are necessary. These operations can save lives, prevent debilitating medical conditions, and make life better for some individuals. Yet, as helpful as these operations can be, they can also be devastating to the patient. As evidenced by a recent judgment against a doctor, a surgical error can thrust a patient into a deadly situation.
In that case, a woman underwent an operation to treat an ovarian cyst. While making an incision, the doctor accidently pierced the patient’s aorta. The victim claimed the doctor inserted the blade too forcefully and at the wrong angle, causing the doctor to lose control of the blade. It was further alleged the blade did not stop its thrust until it hit the patient’s spine. Fortunately, the patient was saved by a vascular surgery team, but she was left with pain and physical and, likely, emotional scars. A jury returned a verdict in the victim’s favor to compensate for the past and future pain and suffering felt by her and her husband.
Damage caused by a surgical error can vary widely. The victim may be left disabled, disfigured, and emotionally traumatized. Additionally, the patient may be left with more medical bills tied to remedial treatment which may be difficult to pay off, especially if the victim is unable to work due to her injury.
To attempt to achieve a sense of justice and to try to recover for these damages, one injured by medical malpractice should consider her legal options. Amongst these options is filing a lawsuit against the doctor who erred and the hospital at which he works. If negligence can be proven, meaning the doctor breached the standard of care owed to the patient, then compensation may be recovered.
When one files a lawsuit, the victim may not have to go through a trail. An experienced medical malpractice attorney can negotiate with the other side in an attempt to reach a pre-trail settlement. This might attain the compensation the victim needs for medical expenses, pain and suffering, and lost wages without having to spend the extra time, money, and heartache on a trail.
Source: New York Post, “A doctor almost killed her, a jury gave her $4M,” Josh Saul and Julia Marsh, Oct. 9, 2013