Can I Sue If My Surgery Resulted in Complications?

surgical complicationsOn average, surgery centers have 19 cases per day. The risks and intensity of each surgery vary, along with the likeliness of postoperative complications. More than 40 percent of all patients who experience complications after surgery experience them after being discharged from the surgery site. Complications can be minor or extreme, ranging from infection, to hemorrhaging, to death.

Not every bad outcome that occurs during a surgery or procedure is automatically deemed to be medical malpractice. In fact, most complications are not considered to be malpractice. Often, the issue of malpractice may be determined by the surgeon’s response to a known, but unforeseen complication. Complications are generally defined as the known potential bad outcomes that are associated with performing the surgery or procedure and may occur regardless of the skill level of a surgeon. In other words, they occur even without negligence.

Whether or not medical malpractice occurred during any procedure or treatment is a determination that must be made by an expert in the same medical specialty as the accused doctor.  In other words, an expert physician must be willing to testify that the treating doctor “breached the standard of care” and provided treatment that no reasonable doctor would have provided under the same circumstances.  Expert testimony is also required to establish that the breach of the standard of care “caused” damages to the patient.

The Cochran Firm has the resources and expertise to have your case evaluated by top medical experts.  And we only charge a legal fee if we obtain a recovery on your behalf. If you or a loved one has suffered as a result of a medical professional’s error, contact the experienced malpractice attorneys at the Cochran Firm today.

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