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You Deserve Quality Care and Legal Accountability
When surgery doesn’t go as planned, Shelsby & Leoni is the surgical errors law firm families trust to make it right. From mistakes in the operating room to wrong-site surgery or anesthesia errors, surgical mishaps can cause serious harm. Our lawyers thoroughly review your medical records, collaborate with trusted medical experts, and advocate for your medical needs and financial future.
When you undergo surgery, you place your life and well-being in a surgeon’s hands. You trust that they will perform their job with skill and precision. Unfortunately, that trust is sometimes broken by preventable mistakes that can cause devastating, life-altering harm.
If you were injured during a surgical procedure, you need to understand your rights. Anesthesiologists, surgeons, and nurses can all be held accountable for negligence. The surgical error lawyers at Shelsby & Leoni are here to provide a free case evaluation and help you fight for the compensation you deserve.
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How to Recognize a Surgical Error: Common Surgical Mistakes
You cannot expect a doctor or hospital to admit that a mistake was made during your procedure. It is often up to the patient or their family to recognize the signs of an error.
Common examples of surgical malpractice include:
- Wrong-Site Surgery: Operating on the wrong body part (e.g., the left knee instead of the right).
- Wrong Procedure: Performing a completely different operation than the one consented to.
- Retained Foreign Objects: Leaving surgical tools, sponges, or gauze inside a patient’s body.
- Nerve Damage: Accidentally cutting or damaging nerves, leading to chronic pain or loss of function.
- Anesthesia Errors: Administering the wrong dose or type of anesthesia, potentially causing brain damage or death.
- Accidental Incisions or Perforations: Damaging nearby organs, arteries, or tissues.
- Post-Operative Negligence: Failing to prevent or treat infections, blood clots, or internal bleeding after surgery.
If you suspect an error occurred, it is crucial to speak with an attorney to understand your options.
Surgical Error vs. A Bad Outcome: What’s the Difference?
Not every negative result from surgery is considered malpractice. Surgery inherently carries risks, and sometimes a “bad outcome” can occur even when the surgeon provided competent care. The key difference lies in the standard of care. Proving this distinction often requires a detailed investigation and testimony from medical experts, which is a critical role your lawyer will manage.
Compensation You Can Recover After a Surgical Error
A surgical mistake can change your life forever. The law allows you to seek compensation (damages) for all resulting losses.
Your surgical error lawsuit can seek to recover costs for:
- Current & Future Medical Expenses: Including revision surgeries, hospital stays, medication, and physical therapy.
- Lost Wages & Earning Capacity: Compensation for the income you lost and will lose because of the injury.
- Pain and Suffering: For the physical pain, emotional distress, and loss of enjoyment of life caused by the error.
- Punitive Damages: In rare cases of extreme recklessness or intentional harm, additional damages may be awarded to punish the at-fault party.
The settlement amount in a surgical error case depends on the severity of the injury, its long-term impact, and the evidence gathered by your legal team.
Surgical Error Claims: FAQs
How Long Do I Have to File a Surgical Error Lawsuit?
The deadline, or statute of limitations, is strict and varies by state.
- In Delaware: You generally have two years from the date the injury occurred. If the injury was not immediately discoverable, you have up to three years. For minors under 6, the claim can be brought before their sixth birthday.
- In Maryland: You have five years from the date of the injury OR three years from the date the injury was discovered, whichever is earlier.
It is vital to contact an attorney immediately to ensure you do not miss these critical deadlines.
I Signed a Consent Form Before My Surgery. Can I Still Sue?
Yes. A consent form acknowledges the known risks of a procedure. It does not give a surgeon permission to act negligently. If the harm you suffered was caused by a preventable mistake that falls outside the accepted risks of the surgery, you may still have a valid case.
Can I File a Claim If My Loved One Died From Surgical Error?
Yes. If a family member passed away due to surgical malpractice, the representative of their estate or a close relative can file a wrongful death claim to recover damages for funeral costs, lost income, and loss of companionship.
Contact Our Surgical Error Lawyers for a Free Consultation
The surgeons and hospitals responsible for these mistakes have teams of lawyers dedicated to defeating malpractice claims. You deserve to have an equally powerful legal team on your side.
At Shelsby & Leoni, we handle all cases on a contingency fee basis. This means you pay absolutely no attorneys’ fees unless and until we win compensation for you. Don’t wait; contact us today to get started on your case.
