Your Rights After Being Harmed by a Surgical Error
Mistakes made during surgery are one of the most frequent causes of medical malpractice lawsuits in Connecticut and throughout the nation. From the presurgery preparations, during surgery and through the post-surgical care and follow up, there are many points where life-altering mistakes can be made.
If you or a loved one has suffered harm as a result of a surgical error, it is important to understand your rights. If negligence was the cause of the error, you could be entitled to compensation for medical costs, pain and suffering, lost wages and other damages. An experienced medical malpractice attorney can make sure you understand your options.
Bridgeport Attorneys Representing the Victims of Mistakes During Surgery
At Tremont Sheldon Robinson Mahoney P.C., we combine the resources and knowledge necessary to succeed in surgical malpractice cases with a commitment to personal service that is second to none. We are not the largest personal injury firm in the region, but we have built an impressive track record of results without sacrificing the attentive representation our clients deserve.
We have achieved millions of dollars in verdicts and settlements and are strong advocates for malpractice victims. Examples of surgical errors that could result in medical malpractice claims are:
- Operating on the wrong arm or leg
- Amputating the wrong limb
- Leaving clamps, sponges and other instruments in the body
- Failure to monitor patient for signs of distress during surgery
- Inadequate monitoring and care post-surgery
No matter how advanced surgical techniques become and how extensive the training for surgeons, negligence and carelessness can result in mistakes that threaten the lives of patients who rely on surgeons and nurses for their care.
As many surgical procedures are conducted in outpatient surgery centers rather than hospitals, we have seen an increase in surgical error cases. Outpatient surgery centers often lack the staffing resources of a large hospital and have not built a time-tested set of procedures for avoiding some of the most common surgical mistakes.
We Are Here to Help You
No matter where you were harmed by a surgical error, we can help you maximize your recovery and put your life back together. Call 203-212-9075 or contact us online for a free consultation with a Connecticut surgical error lawyer.
Medical Malpractice Frequently Asked Questions
How can I be assured of good medical care while in the hospital?
A.When you are in a hospital, demand specific information:
1. You and a trusted family member should always know the diagnosis and potential procedure.
2. Question each procedure before it is started.
3. Before taking medication, ask what it is for and who prescribed it.
4. Insist that you know the doctor who is in charge of your case overall.
5. Before going into the operating room, find out who they think you are, as well as what operation they expect to perform and where upon your body.
6. You and your family members should not be afraid to complain if you feel the patient is having a problem that is being ignored.
7. Repeat over and over again any allergies or reactions you may have.
8. If your instincts say something is wrong, demand to see the doctor in charge.
9. Never hesitate to ask for and obtain a second opinion.
How long does it take to determine whether I have a medical negligence case?
A.The investigation to determine whether a medical malpractice case exists can take several months and sometimes over a year. This is why it is very important that you consult with an attorney as soon as possible if you feel that you or a family member has been harmed by medical treatment. Before we can decide whether you have a case, we must obtain copies of all your relevant medical records and reports, including at times x-ray and MRI scans. Typically, these records are provided to an out-of-state medical provider in order to determine whether medical rules and standards have been broken. Sometimes we have to consult with doctors in several different medical specialties before we can make a decision on whether we can bring a case for you.
How much time do I have to bring a case against a medical provider, hospital or nursing home for harm caused to me or a family member?
A.Under the law, you generally have two years from the date of malpractice or from when you knew or should have known of the malpractice in which to bring a claim in a court of proper jurisdiction. The maximum amount of time for bringing a claim under any circumstances is three years from the date of malpractice. In order to determine the specific limitation that may apply in your case, you should consult with a lawyer as soon as possible. You can also request a 90-day automatic extension of time in which to file suit, which must be filed before the applicable limitation has expired.
How to best survive a Connecticut hospital stay?
A.To reduce problems during a Connecticut hospital stay, demand specific information. Some guidelines are mentioned below:
• You and a trusted family member should always know the diagnosis and potential procedures.
• Question each procedure that someone is to perform before it is started.
• Before taking medication, ask what it is for and who prescribed it.
• Insist that you know the doctor who is in charge of your case overall.
• Before going into the operating room, find out who they think you are, as well as what operation they expect to perform and where upon your body.
• You and your family members should not be afraid to complain if you feel the patient is having a problem that is being ignored.
• Repeat over and over again any allergies or reactions you may have.
• If your instincts say something is wrong, demand to see the doctor in charge.
• Never hesitate to ask for and obtain a second opinion.
If a patient tragically dies as a result of careless medical care and treatment, can a case still be brought?
A.Yes. In the tragic situation where careless medical care and treatment result in a patient’s death, a lawsuit can be brought by the administrator of the estate of the person who died, whether or not the person had a will.
What is required under the law in order to bring a case against a medical provider, hospital or nursing home for harm caused to me or a family member?
A.Under the law, in order to file a medical negligence claim against a medical provider, hospital or nursing home, we must obtain the written and signed opinion of a similar health care provider stating that there have been violations of the medical rules or standards in the care and treatment provided to a patient and the statement must also give a detailed basis for the opinions. The statement must be filed with the lawsuit. In addition, the attorney must also attach a certificate of probable cause that there is a good faith belief that grounds exist for a lawsuit.