Emergency surgery is a critical procedure that can save lives, but it also comes with inherent risks. In the fast-paced environment of an emergency room, decisions must be made quickly, and errors can lead to serious complications or even death. When a medical professional makes an error during an emergency surgery, it may qualify as medical negligence, leading to significant harm to the patient. If you or a loved one has been affected by such an error in Tucson, AZ, understanding emergency surgery malpractice and how to pursue legal action is crucial.
In this blog, we will explore the nature of emergency surgery malpractice, the legal steps victims can take, and how an emergency surgery malpractice lawyer, medical negligence attorney, or hospital malpractice lawyer can assist you in seeking justice.
What is Emergency Surgery Malpractice?
Emergency surgery is typically performed when a patient faces a life-threatening situation, such as traumatic injuries, acute appendicitis, or a ruptured aneurysm. Surgeons and healthcare professionals must act swiftly and efficiently to address the issue at hand. However, due to the urgency of these procedures, there is an increased risk of errors.
Emergency surgery malpractice occurs when medical professionals fail to meet the expected standard of care during an emergency surgery, leading to harm or injury to the patient. This could involve:
- Surgical errors: Mistakes made during surgery, such as performing the wrong procedure, damaging organs or tissues, or leaving surgical instruments inside the body.
- Anesthesia errors: Improper administration or monitoring of anesthesia, which can lead to complications such as brain damage, respiratory failure, or death.
- Post-operative care errors: Failing to monitor the patient’s recovery properly, leading to infections or complications that could have been avoided with timely intervention.
When these errors occur, patients or their families may have grounds for a medical malpractice lawsuit against the responsible medical professionals or institutions.
Common Causes of Emergency Surgery Malpractice
Several factors contribute to emergency surgery malpractice, often due to a combination of pressure, haste, and medical errors. Some common causes include:
1. Failure to Obtain Informed Consent
Before performing surgery, doctors are required to explain the risks, benefits, and alternatives to the patient (or their family in emergency situations). Failure to obtain informed consent, especially in urgent circumstances, can result in a medical negligence lawsuit if it is later determined that the patient suffered harm due to the procedure or lack of proper understanding.
2. Improper Surgical Techniques or Errors
In high-pressure emergency situations, surgeons may resort to less-than-ideal methods or make errors in judgment, such as using the wrong surgical tools, performing incorrect procedures, or mishandling the patient’s organs or tissues. These mistakes can lead to long-term damage or even death.
3. Anesthesia Errors
Anesthesia is a crucial part of most emergency surgeries. Improper administration of anesthesia, either due to a miscalculation or failure to monitor the patient, can result in severe complications, including brain damage, heart attack, or respiratory failure. These errors can have life-altering consequences for the patient.
4. Failure to Monitor the Patient During Surgery
Surgical teams are responsible for closely monitoring the patient’s vital signs during the procedure, including heart rate, blood pressure, and oxygen levels. If the team fails to do so, it could result in undetected complications, such as blood loss, infection, or organ failure. These failures can lead to additional surgeries or prolonged recovery times, resulting in significant harm.
5. Post-Surgery Complications
In some cases, the medical staff fails to properly monitor or treat complications after surgery, such as infections, blood clots, or internal bleeding. These issues, if left untreated, can be fatal. A hospital malpractice lawyer can help hold the healthcare provider accountable if the post-surgical care is deemed negligent.
Steps to Take After Emergency Surgery Malpractice
If you or a loved one has been harmed by emergency surgery malpractice, there are several steps to take to protect your legal rights:
1. Seek Immediate Medical Attention
If you are experiencing complications from emergency surgery, it’s important to seek immediate medical care. Your health and safety should be your top priority. It’s also crucial to get updated medical records from the treating healthcare providers, as this documentation will be vital if you decide to pursue a legal claim.
2. Document Everything
Keep detailed records of your injuries, symptoms, treatments, and interactions with healthcare providers. Take note of any changes in your condition and how it was handled by medical staff. This information will help your lawyer build a stronger case.
3. Consult with a Medical Malpractice Attorney
If you suspect that medical malpractice occurred during the emergency surgery, you should consult with an experienced medical malpractice attorney. A lawyer who specializes in these cases will be able to review your medical records, consult with medical experts, and determine whether negligence occurred. They can also advise you on whether pursuing a lawsuit is appropriate.
4. Gather Evidence and Seek Expert Opinions
Building a strong malpractice case requires gathering evidence, such as medical records, surgical logs, and expert testimony. A doctor negligence lawyer will work with medical professionals to review the procedures involved and determine if the standard of care was breached. Expert opinions from medical specialists can be critical in proving that malpractice occurred.
5. File a Lawsuit
Once sufficient evidence is gathered, your hospital malpractice lawyer will file a lawsuit on your behalf. The lawsuit will seek compensation for damages, including medical expenses, lost wages, pain and suffering, and other related costs. A lawyer will help ensure that the case is filed within the legal time limits (statute of limitations) in Tucson, AZ.
How Snyder & Wenner, P.C. Can Help
If you or a loved one has been affected by emergency surgery malpractice, it’s important to act quickly and contact a skilled medical malpractice attorney. Snyder & Wenner, P.C., a trusted law firm, specializes in medical malpractice cases, including those involving emergency surgeries. Their team of experienced lawyers can guide you through the legal process, help gather evidence, and fight for the compensation you deserve.
