Surgical mistakes and medical malpractice claims

On Behalf of | Sep 2, 2021 | Medical Malpractice |

There are always risks when you go in for surgery at a West Virginia hospital. Shortly before your operation, you typically have a conversation with your doctor about those risks. However, avoidable surgical mistakes present an extra risk to patients that they do not agree to.

Surgery-related medical malpractice claims are common

A report from medical liability insurer Coverys found that surgical mistakes accounted for 25% of medical malpractice claims between 2014 and 2018. Surgery-related claims were the second most common type of medical malpractice claim after misdiagnosis.

According to researchers, 78% of the surgery-related medical malpractice claims concerned mistakes that were made during the surgery. The other surgical complaints involved medical care mistakes that were made pre- and post-operation.

Botched surgeries can have huge consequences

When the wrong type of surgery is performed or something goes wrong on the operating table, these mistakes can have life-altering consequences. The Coverys study found that 9% of the medical malpractice claims they analyzed were for patient death. Another 29% of the claims involved patients who had been permanently and significantly injured.

Common reasons for surgery mistakes

Coverys found that most of the plaintiffs in medical malpractice cases cited poor practitioner performance in their complaints. Failures in communication and clinical judgment were also cited as reasons for the surgical mistakes.

Proving liability after a surgical error

While surgery is inherently risky, that is no excuse for a poor surgical performance or an avoidable mistake. If you were injured because of a surgery that went wrong, you will have to prove that the doctor who operated on you was negligent. Your case may involve gathering expert testimony to prove that the doctor who operated on you is liable for your injuries.