Surgical procedures are inherently dangerous. They have only become relatively safe due to advances in anesthesia, pain management and sanitation in medical settings. In theory, modern medical professionals can perform a broad range of different surgical procedures to improve a patient’s health or quality of life with minimal side effects.
In practice, there is still a significant degree of risk involved in any surgery. Things can go wrong, ranging from adverse reactions to anesthesia to an accidentally nicked artery causing dangerous levels of blood loss. When things go wrong during medical procedures, the patients affected or their surviving family members may have questions about what transpired. They may question whether what occurred was actually medical practice.
When is a surgical error accurately classified as medical malpractice?
Doctors should conform to modern standards
Physicians, including surgeons, are humans who can make mistakes. Their hands tremble, and they can fail to notice something when observing a situation. Those mistakes, while potentially severe, are not necessarily malpractice.
Medical malpractice involves negligence or an obvious deviation from current best practices. If a doctor does not conform to modern standards of care or comply with the standards set by their employer, then the situation could constitute malpractice. Additionally, there needs to be verifiable harm to the patient involved for the situation to warrant a medical malpractice lawsuit.
If a surgeon makes a minor mistake during an operation but addresses it, and the patient recovers well, the error may not constitute malpractice. On the other hand, if a surgeon performs the wrong procedure on a patient, that could constitute malpractice. Patients may have grounds to take legal action if greater care in the operating room and during preparation could have prevented the error.
Professional review can provide insight
Patients may have a hard time understanding what constitutes a deviation from current best practices or standards of care. Those hoping to hold the surgeon accountable for their own injuries or the loss of a loved one may need to consult with a professional familiar with malpractice cases, such as a lawyer.
An attorney can provide basic insight into the matter. They may be able to assist the frustrated patient or grieving family members with further evaluating medical records to determine if malpractice occurred. They could help secure an objective review of medical records.
Surgical errors only occur in a small percentage of all operations but can result in devastating consequences for patients. Medical malpractice lawsuits that are successful can compensate patients for the harm caused by negligent care standards and can generate consequences for medical professionals who do not fulfill their duty of care to their patients.