After trying all other available options, you decided to move forward with surgery. You may have been nervous about the procedure, but you believed that it would finally eliminate the pain and make a positive difference in your daily life. Now that your surgery is complete, however, you know that something isn’t right. Maybe you even wish you never agreed to this treatment in the first place. Could it be a surgery failure or medical malpractice?
Although every surgery comes with the risk of failure or unforeseen complications, medical providers could mishandle procedures. According to the New England Journal of Medicine, the top three practice areas that faced malpractice claims were neurosurgery, thoracic-cardiovascular surgery, and general surgery. It’s no surprise that these procedures carry a high risk, but negligence can have incredibly serious consequences at this level.
Types of Failed Surgery
There are many forms of malpractice related to surgery, such as:
- Skipping conservative treatment options or only offering surgery
- Injuring another organ
- Interpreting imaging or test results incorrectly
- Failing to apply anesthesia properly
In Maine, adult residents have three years to file a claim after they realize their surgeon’s misconduct. If you wait until the time is up, you could miss your opportunity to seek compensation.
Those who file a malpractice claim often run into the trouble of proving these issues, however. Because surgeries are hazardous already, you would have to show evidence that the problem would not exist if it weren’t for your surgeon. In these cases, a court’s goal is to figure out if your problem could be likely to happen in a similar situation regardless of the provider.
This is where a thorough legal council can make a difference. Your lawyer can walk you through the steps of filing a malpractice claim and discuss your unique case. Although you might not be able to reverse the effects of a failed procedure, you could potentially receive benefits to cover suffering and related costs.