Surgical Error Attorneys Serving Rhode Island and Massachusettes
In Rhode Island, there are certain risks involved in any surgery, but a surgical error should not be one of them. Some surgery errors are quite obvious, (such as ‘wrong side, or wrong limb surgery’). In some cases, the surgical error is negligent but not quite so obvious. The cost of treatment required to survive and possibly recover can be financially and emotionally devastating. You may have seen Rhode Island news reports about surgeons who amputate the wrong limb or remove the wrong body part on the evening news. While your case may not be that extreme, any injury resulting from hospital mistakes can require legal action.
Hospitals, surgeons and their staff have procedures designed to minimize the risk of making mistakes. Unfortunately these ‘protocols’ are not always followed leading to avoidable errors including:
- Wrong site/side surgery
- The cutting of tissue (including arteries, nerves, organs, or muscle) that should not have been involved in the surgery
- Items such as gauze, sponges, and even surgical instruments left inside patients
- Poor sanitation including the use of a ‘non-sterile instrument’
- Errors in the administration of anesthesia
- Failure to review a patient’s history when choosing to perform a procedure
Medical negligence mistakes classified as “surgical errors” can occur before and after surgery. Here in Rhode Island, surgical errors can also occur during diagnostic testing, preparation for surgery, and as a result of post-surgical complications.
Surgical errors can occur because surgeons are overworked or inexperienced or because of poor communication between the surgical team and other health professionals. As you can see, identifying that you have been a victim of medical negligence is only the first step. If you or your family have suffered from harm due to a surgical error, you need an experienced surgical negligence attorney in your corner. We have experience working with Rhode Island Medical Negligence clients, and we have a record of winning large verdicts and settlements for our clients.
There are several different types of surgical errors. Some of the most common include:
- Wrong-Site Surgery: Operating on the wrong body part, such as the wrong limb or organ.
- Incorrect Incisions: Incisions made at the wrong location or incorrect depth.
- Wrong Procedure: Performing a procedure that the patient has not consented to.
- Foreign Objects: Leaving objects, such as sponges, towels, or surgical instruments inside the patient.
- Improper Use of Surgical Tools: Misuse of surgical instruments such as scalps, retractors, or cautery devices.
- Anesthesia Errors: Too much or too little anesthesia.
- Failure to Monitor: Neglecting to properly monitor vital signs during surgery.
- Failure to Acknowledge Medical Conditions: Misreading or ignoring patient medical history, allergies, and conditions.
Tragically, these types of surgical errors can result in organ perforation, nerve damage, infection, excessive bleeding, brain injury, paralysis, and even death.
Yes, you can file a claim when a surgical error occurs. Even with common procedures such as appendectomies, tonsillectomies, C-sections, and gastric bypass surgery, errors are entirely possible, making it vital that—regardless of how “routine” a procedure may be—medical staff and surgeons are meticulous in their approach. No matter the complexity of a procedure, medical professionals must uphold the standard of care.
If you suspect you have been injured through a surgical error, it is important that you discuss your symptoms with a trusted healthcare provider. Be sure to choose a provider who can effectively evaluate your condition. If they suspect your experience is related to a surgical error, the next step is to talk to an attorney to understand your options.
The Providence surgical error lawyers at Mandell, Boisclair & Mandell have more than 45 years of experience handling medical malpractice claims. If you suspect you were injured through surgical error, we encourage you to call our office as soon as possible to discuss your case and evaluate your options.
To prove that a surgical error caused your injury, several key factors must first be established. This requires an investigation into the incident to evaluate:
- Breach of Care. It must be established that a surgeon or medical team failed to meet the accepted standards of care for your procedure. This may include making a preventable mistake, performing unnecessary surgery, or failing to follow safety standards.
- Causation. It must be established that your injury is a result of this breach. For example, if a surgeon leaves a surgical instrument inside of your body after a procedure, any resulting infection or internal damage would need to be tied to that error.
- Damages. If an injury is caused by a surgical error, it must further be established that this same injury has resulted in damages, such as medical expenses, lost wages, physical harm, and emotional suffering.
It is advisable to document your symptoms as soon as you suspect there is something amiss. Keep a record of symptoms, changes in your condition, or complications that arise after surgery. This can assist in demonstrating how the error has affected your health.
At Mandell, Boisclair & Mandell, our surgical error lawyers understand the complexities of medical malpractice claims. We have the resources necessary to conduct thorough investigations into claims of malpractice and a proud history of securing substantial compensation for people in Rhode Island who have suffered from surgical errors.
While it is not absolutely necessary that you obtain your medical records before contacting a surgical error attorney, having them available can help expedite the process. Medical records provide information essential to these claims, such as the procedure performed, the names of the medical professionals involved, and any notes or observations made during the surgery.
However, if you do not have your medical records or have run into problems obtaining them, there is no need to worry. Our lawyers have a comprehensive understanding of Rhode Island medical malpractice laws. We can help you secure your medical records during our investigation into your surgical error.
If you have been injured by a surgical error, you may be entitled to several different types of compensation. Every case is unique, but many medical malpractice claims seek compensation for:
- Medical Expenses: Corrective surgeries, hospital stays rehabilitation, medication, and any other medical treatments made necessary by the error.
- Lost Wages: Wages lost while recovering, projected future losses, diminished earning capacity, and similar issues caused by the error.
- Pain and Suffering: Physical and emotional pain, discomfort, and distress—including anxiety, depression, and diminished quality of life—related to the error.
Compensation for things like home modifications and adaptive equipment to assist with new limitations, in-home or residential care, and therapeutic modalities ranging from physical and occupational therapy to counseling and psychological services, can be sought when appropriate as well.
Although there is currently no cap on medical malpractice damages in Rhode Island, the exact amount of compensation you receive will depend on several factors unique to your case. During your free and confidential case review, we will carefully review your claim, listen to how your injury has impacted your life, and cover which damages you may be entitled to seek through a medical malpractice lawsuit.
Consent forms are designed to inform patients of the potential risks and complications associated with a surgical procedure. They do not shield medical professionals from liability when negligence or another type of medical malpractice results in harm. Consent forms indicate permission was given to perform a procedure. They do not give a medical team permission to act carelessly or make preventable mistakes.
If an injury occurs due to surgical negligence—like operating on the wrong site or leaving instruments inside your body—you are entitled to seek justice even when a consent form was signed. However, defense attorneys may try to use a consent form to suggest your injury was an accepted risk. With nearly five decades of experience holding healthcare professionals accountable for their actions, our Providence surgical error lawyers can evaluate any paperwork you have signed to help you understand how it may impact your options.
Tragically, surgical errors can result in a loss of life. When someone you love is killed through surgical error, you may be entitled to file a wrongful death claim against the responsible surgeon, medical team, or healthcare facility.
In wrongful death claims, family members may seek compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Emotional pain and suffering
- And more
In Rhode Island, the executor of the victim’s estate typically files the wrongful death claim on behalf of the surviving spouse. Other beneficiaries—such as parents and children—may be parties to the wrongful death lawsuit. As with all surgical error claims, the best way to learn if you are entitled to seek compensation is through a one-on-one consultation with an experienced medical malpractice wrongful death lawyer.
We at Mandell, Boisclair & Mandell, Ltd are dedicated to holding responsible parties accountable. Once we have determined that you have a viable claim, our Providence surgical error lawyers will work hard to secure the results you and your family deserve. Contact us online or call us at 401-273-8330 to schedule a free and confidential case review with one of our experienced attorneys today. We welcome clients from Providence, surrounding areas of Rhode Island, and nearby Massachusetts communities.