Undergoing surgery is often a critical step in treating or managing a health condition, and patients trust that their medical team will adhere to the highest standards of care. Unfortunately, preventable mistakes in the operating room sometimes occur, leaving patients to face devastating consequences. Known as “never events,” these egregious surgical errors should not happen under any circumstances.
For individuals and families affected by surgical errors in New Jersey, understanding the steps to hold negligent medical professionals accountable is essential. In this blog, we will explore what constitutes a “never event,” examine common examples of surgical errors, and discuss how legal recourse can help victims seek justice and fair compensation. By working with an experienced medical malpractice attorney, victims can take the necessary steps to protect their rights and demand accountability.
What Are “Never Events” in Surgery?
Never events are shocking medical errors that healthcare providers are expected to prevent entirely. These mistakes occur due to negligence or systemic failures within a medical facility. Common examples include:
- Wrong-Site Surgery: Operating on the wrong part of the body.
- Retained Surgical Instruments: Leaving sponges, tools, or other objects inside a patient after surgery.
- Anesthesia Errors: Administering too much or too little anesthesia, resulting in severe pain, injury, or even death.
The consequences of these errors can be life-altering, leading to infections, organ damage, emotional trauma, and sometimes fatal outcomes.
Why Surgical Errors Happen
Understanding why surgical errors occur is crucial for prevention and accountability. Common causes include:
- Inadequate Communication: Miscommunication among surgical team members can lead to incorrect procedures or mistakes in anesthesia administration.
- Surgeon Fatigue: Overworked surgeons may lack the focus needed for a successful operation.
- Failure to Follow Protocols: Ignoring safety checklists or bypassing standard operating procedures increases the risk of errors.
- Inexperienced Medical Staff: Hospitals sometimes employ undertrained staff, which can lead to catastrophic mistakes.
By identifying the root causes, patients and their legal teams can better establish negligence in medical malpractice claims.
The Impact of Surgical Errors on Patients
Surgical errors don’t just harm the body; they affect every aspect of a patient’s life. Victims often face:
- Physical Injuries: Long-term or permanent disability, infections, and additional surgeries to correct the mistake.
- Emotional Trauma: Fear of future medical procedures, anxiety, and depression.
- Financial Strain: Skyrocketing medical bills, loss of income, and reduced quality of life.
Families of victims also endure significant hardship, often taking on the role of caregivers or facing financial insecurity due to lost wages or medical expenses.
How New Jersey Law Addresses Surgical Errors
In New Jersey, victims of medical malpractice have the right to seek compensation for their injuries. State laws require victims to prove that a healthcare provider’s negligence directly caused their harm. Key legal points include:
- Statute of Limitations: Victims generally have two years from the date of the surgical error to file a lawsuit. Delayed discovery of the error may extend this timeline.
- Affidavit of Merit: A qualified medical professional must certify that the claim has merit before proceeding to court.
- Damages: Victims may pursue compensation for medical expenses, lost wages, pain and suffering, and more.
An experienced attorney can navigate these complexities and build a strong case on your behalf.
Why Hiring an Experienced Attorney is Essential
Navigating a medical malpractice claim in New Jersey requires legal experience and a deep understanding of state laws. The Law Offices of Andres, Berger & Tran have experience holding negligent medical professionals accountable. Here’s why hiring a skilled attorney is critical:
- Investigating the Incident: Attorneys gather evidence, including medical records and expert testimony, to prove negligence.
- Calculating Damages: Lawyers ensure all financial and non-financial losses are accounted for.
- Negotiating with Insurers: Insurance companies often attempt to minimize payouts. An experienced lawyer can advocate for maximum compensation.
- Representation in Court: If the case goes to trial, having a seasoned attorney increases your chances of success.
Preventing Surgical Errors: A Patient’s Role
While the responsibility for avoiding surgical errors lies with healthcare providers, patients can take steps to reduce their risk:
- Research Your Surgeon and Hospital: Check credentials, reviews, and the facility’s safety record.
- Ask Questions: Don’t hesitate to ask your surgeon about the procedure, risks, and steps they’ll take to prevent errors.
- Confirm Details: Double-check that your medical records, consent forms, and surgical site are correctly marked.
Taking an active role in your care can help ensure a safer surgical experience.
Notable Cases of Surgical Errors
The following scenarios are inspired by actual events and are for illustrative purposes only. They highlight the severe consequences of surgical errors and underscore the importance of accountability:
- Wrong-Site Surgery: A patient underwent amputation of the wrong leg, leading to a second surgery to remove the correct limb. This type of error is among the most preventable and devastating.
- Retained Instruments: A surgical sponge left inside a patient caused a severe infection, requiring multiple corrective surgeries and prolonged recovery.
- Anesthesia Overdose: A routine procedure resulted in permanent brain damage after an anesthesia error led to oxygen deprivation.
These examples emphasize the critical need for strict adherence to safety protocols and the role of legal recourse in seeking justice for affected patients.
Compensation for Surgical Errors
Individuals affected by surgical errors in New Jersey may be able to recover compensation for various losses, including:
- Economic Damages: Covers medical expenses, lost income, and anticipated future care costs.
- Non-Economic Damages: Addresses pain, suffering, emotional distress, and diminished quality of life.
- Punitive Damages: In cases of extreme negligence, courts may impose additional damages to hold the responsible parties accountable.
A legal claim can help pursue the full compensation available under the law.
Contact The Law Offices of Andres, Berger & Tran Today to File a Medical Malpractice Claim in New Jersey
If you or a loved one has suffered due to a surgical error, The Law Offices of Andres, Berger & Tran are here to help.
Our compassionate legal team understands the physical, emotional, and financial toll these mistakes take. We are dedicated to holding negligent surgeons accountable and securing the compensation you're seeking.
Call The Law Offices of Andres, Berger & Tran at 856-317-6588 or fill out our online contact form now to discuss your case. Let us fight for you. We represent clients in Haddonfield, Voorhees, Mount Holly, Deptford, and throughout the state.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified attorney for advice specific to their situation.