Can I Sue the Surgeon Who Caused Me Injury?

Medical Malpractice Lawyer Phoenix, AZ

It can be difficult to know whether surgical complications or post-operative complications were caused by or exacerbated by medical error. After all, patients are almost always unconscious during surgical procedures, so they have little way of knowing if something was amiss in the operating room while they were being cared for. As a result, it can be difficult to know whether it makes sense to file a personal injury claim against one’s surgeon and/or the facility where one received care. In addition, even if something clearly went wrong during the procedure, it is not always obvious whether the harm a patient has suffered provides adequate grounds for a lawsuit.

It is therefore generally a good idea for patients who have suffered illness or injury during or after a surgical procedure to speak with an attorney experienced in medical malpractice claims. Consultations are confidential and informative. They do not result in any obligations for patients to take legal action. But consultation does allow an attorney to learn about a patient’s situation and to advise that patient about whether he or she may have adequate grounds for a claim. Whether or not a patient’s circumstances may ultimately provide a solid foundation for legal action will depend on several factors.

A Surgeon’s Duty of Care

Medical providers owe their patients a certain standard of care under the law. If that standard of care is breached due to intentional, reckless or negligent behavior, a medical provider may generally be held accountable for any harm caused as a result of the breach. One of the reasons why it can be so difficult to know whether a surgeon and/or facility may be sued for injury or illness resulting from surgery is that not every offensive surgical result necessarily meets the legal standard of what it means to breach a duty of care.

For example, if a surgeon followed all proper protocols for hygiene during and after a surgical procedure and a patient still contracted a significant postoperative infection, it is unlikely that the surgeon has breached a duty of care to his or her patient. However, it is possible that the medical facility or nursing staff may have contributed to the contraction of this infection in ways that they may be held liable for. Every patient’s situation is unique.

Legal Assistance Is Available

If you have suffered illness or injury in the wake of a surgery and your condition may have resulted from surgical negligence, please do not hesitate to contact an experienced personal injury attorney. A lawyer specializing in medical malpractice cases will be able to advise you of any legal options that may be available after learning about the unique circumstances surrounding your surgery and post-operative care.

Consulting with a medical malpractice lawyer Phoenix, AZ trusts at Rispoli Law, PLLC does not obligate you to take legal action against your surgeon or against the hospital where you were treated. But it will allow you to make informed decisions regarding how you may wish to proceed. It is generally better to speak with an attorney before making any assumptions as to whether you did or did not suffer actionable harm connected to your surgery.