Understanding Surgical Never Events & Causation

Medical malpractice has unfortunately become a common term in our society. It happens when a patient is mistreated or injured through negligence by a medical professional or facility. One of the common medical malpractice is surgical never events or surgical mistakes. Surgical mistakes can put a patient in a much worse situation compared to the situation he/she actually was prior to surgery. On the worst end of the spectrum, surgical never events can result in death of a patient.

When people go for a surgery they expect to have a better situation than they are in now. And if the situation is worsened and the victim feels that it is due to avoidable mistakes, the victim may have a right to pursue a medical malpractice case against their medical practitioner. To file a claim the person needs to hire a law firm with a deep understanding of surgical never events.


Surgical Never Events

Not all the surgical mistakes are considered malpractice; sometimes bad situations are simply unavoidable. But there are some certain events that can be blamed solely on the medical professionals - such as performing an unnecessary surgery. This kind of medical errors is referred as a surgical never events. The term never is used because these events should never happen.

Common Avoidable Mistakes

There are some common surgical never events that should never happen. One of the most common is to follow an incorrect surgical process. Also sometimes the medical professional executes the surgical operation in the wrong side or wrong parts of the body. Even in some cases, the medical professionals conduct the surgery on a wrong patient. Sometimes medical professionals leave outer objects like sponges, surgical knives etc. These are the most common surgical never events according to the researchers.

Causes of Surgical Never Events

There are numerous reasons because of those a surgical error happens. Some of the most common reasons are stress, miscommunication, lack of knowledge etc. Also, the facility of the medical institution can be the reason for surgical never events. Sometimes the medical professional has to operate in a very emergency situation. In that case, the blame should not be posted on the professional.

Effect on the Patient

The effect on the patient depends on the error. Different kinds of errors do different kinds of damages. Some errors only affect the patient monetarily. Operation a wrong part of the body does not cause any physical damage. While other errors can cause infections, broken bones etc. The patient needs extended medical treatments which affect the victim mentally.

How Do Prove Causation In a Medical Malpractice Case?

You've just found out that you have a terminal illness, one that your doctor should have found six months ago when you came in with certain symptoms. Or perhaps the surgery you just underwent has left you in constant pain because of complications and postoperative infections. You know you're a victim of medical malpractice. How can you prove this?

The 50 Percent Rule

In Texas, the 50 percent rule is standard in determining fault in situations of negligence. If two cars collide in an intersection and one was obviously at fault, but nobody was hurt, one driver was negligent but there is no case because there was no injury. The same standard applies to medical malpractice. You have to prove that whatever happened increased the harm done to you by 50 percent or more.

To do this, we review your medical records, imaging studies and lab tests. We research the medical literature and statistics involved in your situation. Our attorneys may request an evaluation by a different doctor for comparison. We also consult with medical professionals regarding the standards of care and whether they were deviated from in your situation.

We use this information, along with the financial impact this injury will have on you, to present your case to the opposition as we seek maximum compensation for you.

Receiving Help with Your Surgical injuries

The Hastings Law Firm specializes in negligence and malpractice lawsuits across Texas. We help people who have endured loss or trauma resulting from surgical mistakes receive the damages they are entitled to. As the victim of malpractice, you have the right to demand damages for your injuries.

Hastings Law Firm
5100 Westheimer Rd. Suite 200
Houston, TX 77056

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