Surgical Errors Medical Negligence Compensation

Medical negligence

Placing oneself in the care of medical professionals requires a degree of faith. We all need medical or surgical assistance at some point in our lives, and in Australia we are fortunate to have some of the highest standards of medical excellence in the world. However, human error is possible in any field, including medicine, and there is always a small risk of oversight or negligence that can result in surgical errors, sometimes with disastrous results. A surgical error can occur during or shortly after surgery and in all cases, should have been avoided.

Fortunately, Australia also has stringent laws that allow victims of medical negligence to claim compensation for any loss associated with surgical errors. Compensation Law is a vast field, with specialists including medical negligence lawyers who understand all aspects of compensation claims on behalf of their clients. Taylor & Scott Lawyers, serving the people of Sydney and New South Wales since 1905, have the expertise required to investigate even the most complex medical negligence claims for optimum claim outcomes.

What are some examples of surgical error claims?

A surgical error can occur during any type of surgery, from minor to major. The potential for an error to go unnoticed during surgery is increased when the patient is under general anaesthetic and unable to communicate their concerns. The onus of responsibility is with the surgeon who is obliged to act according to their level of qualified proficiency. It takes years of training and practice to become a qualified surgeon, but an error of judgement only takes a moment, with the potential to negatively affect the health and well-being of a patient for life. Examples of surgical errors include:

Carrying out an operation on the wrong body part
Carrying out unwanted or unnecessary surgery
Causing an infection due to inappropriate surgical practice
Failing to satisfactorily complete the surgical procedure
Leaving surgical equipment inside the patient
Causing unnecessary damage or disfigurement during surgery
Causing unnecessary damage to another body part
Failure to warn re: the risks associated with the surgery

Can any surgical mistake result in a medical negligence case?

Although highly qualified, a surgeon’s ability is still limited. Not every surgical mistake can be attributed to medical negligence, for example, in life-and-death situations where immediate surgical intervention is required after a serious accident. Mistakes can and do happen. In order to make a medical negligence claim, it needs to be ascertained that the surgeon failed in their duty of care.

A medical negligence case can be made if a medical practitioner didn’t exercise appropriate levels of care, skill or expertise expected of someone in his or her medical field. It also needs to be proved that the error caused injury or harm beyond that expected when treating an underlying medical condition. In cases where surgical error doesn’t result in unnecessary harm, a compensation claim is not valid. This naturally leads to cases in dispute, where the services of an experienced medical negligence lawyer is the best way forward.

When do I need an experienced Sydney Medical Negligence Lawyer?

Medical negligence is an extremely complex field of law, with claims requiring exhaustive investigation. If you are considering a medical negligence claim for a surgical error, the claim will possibly be disputed and it won’t take long before medical and legal terminology becomes an overwhelming obstacle to justice. Taylor & Scott Medical Negligence Lawyers are among Sydney’s most respected professionals with decades of case winning experiences, and their services are definitely worth considering.

Claiming compensation damages against a doctor or hospital after medical malpractice is appropriate, but in many cases, success is only possible with expert legal counsel. A compensation claim that is incomplete or invalid will be quickly rejected or result in a greatly diminished payout. Your experienced compensation lawyer will thoroughly investigate the claim, including situations where surgical risks were not properly communicated, resulting in surgical error.

How can I maximise my medical negligence payout?

Taylor & Scott Medical Negligence Lawyers will guide you every step of the way according to your unique circumstances. The more information we can compile with your assistance, the better chance you have of maximising compensation payouts. We work with the information you provide us, along with evidence obtained as a result of our investigations on your behalf, and any information you have collated can make a difference. Statements from anyone involved in the medical procedure can assist your claim, including those provided by doctors, therapists, hospitals, pharmacists and other medical professionals Questions worth consideration include:

Did you discuss your concerns with your doctor or surgeon?
When did the surgical error first come to your attention?
Did you complain either verbally or in writing?
Did you get another medical opinion regarding your surgical procedure?
Has your life or health changed due to the surgical error?
Were you informed of the risks involved with the surgical procedure?

A lot of factors need to be considered, and a medical negligence claim can seem overwhelming when disputed by high-profile surgeons and hospitals. Fortunately, Taylor & Scott Lawyers don’t back away from a fight for justice, and we will do everything in our power to ensure adequate compensation is paid to you. To begin, contact Taylor & Scott for a free case assessment, and if we believe you have a bona-fide surgical error medical negligence claim we will commence investigations immediately on your behalf for timely and successful outcomes that will benefit you and your family.

What is surgical error?

All surgical procedures involve an element of risk, even if the surgeon involved is highly experienced and knowledgeable. Mistakes can and do happen, although not every surgical error can be attributed to negligence. However, all healthcare professionals in public hospitals, private hospitals and private practices are expected to provide a high standard of care during every operation or procedure. A duty of care breach can potentially result in a medical negligence compensation claim.

A duty of care breach occurs when a surgical error is preventable, and likely would not have occurred under the charge of another equally qualified surgeon in similar circumstances. Proving medical negligence can be daunting, particularly when dealing with huge medical organisations, powerful legal opponents and subject matter beyond your full comprehension. For this reason, it is recommended to seek out the services of an experienced medical negligence lawyer for strong representation as soon as possible after the surgical error occurs.

There are many types of surgical errors and negligent treatment such as anaesthesia errors, operating on the wrong body part or cutting in the wrong location. Errors also occur when a surgeon fails to adequately investigate a patient’s prior medical history, prescribed the wrong medication dosage, takes surgical shortcuts, fails to properly sterilise equipment, undertakes incorrect cosmetic surgery, or is fatigued during the operation. The list goes on, and if you believe a surgical error occurred due to medical negligence, contact Taylor & Scott Lawyers for a free case assessment and the best possible advice moving forward.

What happens if a surgeon makes a mistake?

As mentioned, not all surgical mistakes and poor outcomes can be attributed to medical negligence. Harm or injury risks of surgery are evident even when a surgeon or medical practitioner maintains the appropriate standard of care during medical treatment. Mistakes also happen in the rush to save lives, for example, after a serious multi-vehicle car accident. However, surgery is a significant event, and a lot of trust is placed in surgeons to carry out procedures with the necessary skill and care.

You will require strong legal representation to prove your medical negligence claim, and that’s where Taylor & Scott comes into the picture. Our medical negligence specialists have decades of case winning experience in difficult-to-prove cases. If we believe you have a valid medical negligence claim, the full weight of our specialist legal support will be on your side, and we will commence proceedings on your behalf at the first opportunity.

How much compensation can I claim for a surgical error?

Surgical error medical negligence compensation is designed to cover a range of expenses. The amount of compensation you receive will be determined by your unique circumstances, with medical negligence compensation potentially including:

Loss of income or earnings (past, present and future);
Medical expenses associated with rectifying damage caused by negligence;
Out of pocket expenses caused by the medical negligence;
Compensation for pain and suffering, both physical and psychological.

If you are considering making a surgical error medical negligence compensation claim, contact Taylor & Scott for a comprehensive, no obligation medical negligence case assessment and the best legal advice and representation available.

At Taylor & Scott, We Care For You.