Tulsa Surgical Error Attorney

Surgery Mistakes in Oklahoma

When someone undergoes a surgical procedure, they place a great deal of trust in their surgeon and surgical team. We expect these medical professionals to provide the highest standard of care before, during, and after surgery. However, this does not always occur.

According to recent data, more than 4,000 preventable surgical errors occur annually in the United States, resulting in over $1.3 billion in medical malpractice payouts. These mistakes often have serious consequences, including catastrophic bodily injury and death. If you or someone you love was affected by a surgical error, you could be entitled to financial compensation for your additional medical expenses, lost income, pain and suffering, and other losses.

The impact of surgical errors can extend beyond immediate physical and financial harm. Psychological effects, including anxiety and depression, can afflict victims as they struggle to cope with the aftermath of a medical mistake. This often leads to long-term rehabilitative needs, necessitating sustained medical attention and support. Furthermore, families affected by these errors commonly face emotional and economic stress, as they adjust to new caregiving roles and the potential loss of income.

Since 1983, Brewster & De Angelis has been fighting for the rights of Oklahomans affected by medical negligence. Our Tulsa surgical error attorneys have extensive experience, both in and out of the courtroom. We are known for our meticulous approach to case preparation, as well as our highly personalized and attentive client services. We have a long history of success in complex, high-profile cases and are ready to fight tirelessly for the justice you deserve.

What Are Surgical Errors?

Surgical errors are often referred to as “never events” because they are the type of preventable medical mistake that should simply never happen.

Some common examples of surgical errors include:

• Operating on the wrong patient or performing the wrong procedure
• Leaving behind sponges, towels, and other instruments/foreign objects in the body
• Operating on the wrong area of the body (i.e., the left kidney instead of the right)
• Anesthesia mistakes, such as administering too much or too little anesthesia
• Performing unnecessary surgical procedures
• Cutting/damaging an organ, nerve, or nearby bodily structure by mistake

Other types of surgical errors can be less blatant—but no less serious for the patient. Failing to obtain informed consent, failing to properly monitor a patient under anesthesia, and failing to provide adequate post-operative care can all have devastating, long-term effects. Such negligence not only endangers the patient’s health but also compromises their legal rights. It is essential for patients to be informed and vigilant about their rights to ensure they receive comprehensive care and accountability.

How Do Surgical Errors Happen?

It can be difficult to imagine how a surgical error as blatant as leaving a foreign object in a patient’s body can happen, but many factors contribute to these and other surgical mistakes.

Some of the most common causes of surgical errors include:

• Incompetent, inexperienced, or overconfident surgeons
• Lack of proper pre-operative planning
• Poor communication between medical providers
• Failure to obtain the patient’s informed consent
• Improper work processes, such as taking shortcuts
• General negligence or carelessness
• Fatigue resulting from overwork, long shifts, night shifts, etc.

When surgeons, assistants, nurses, hospitals, and other medical providers fail to uphold the accepted standard of care, and patients suffer serious or fatal complications as a result, those victims and their family members have the right to justice. Our Tulsa surgical error attorneys can review the details of your case and determine whether you are entitled to file a medical malpractice lawsuit against a negligent medical provider or institution.

Can You Sue a Negligent Surgeon or Medical Provider?

If you were injured or your loved one died as a result of a surgical error, you could be entitled to bring a lawsuit against the liable party. The purpose of filing a lawsuit is twofold: first, it allows you to recover financial compensation for both economic and non-economic damages; second, it can provide you and your family with a much-needed sense of justice and closure.

To have grounds for a lawsuit against a negligent surgeon or another medical provider, such as a hospital, you will need to prove the following:

• The party against whom you are bringing the claim (the “defendant”) had a duty of care, meaning they had a legal responsibility to provide you with treatment
• The defendant failed to provide a level of care that met the accepted standard of care in the given circumstances
• You were injured (or lost a loved one) and suffered measurable damages as a result, such as medical expenses, pain and suffering, or lost enjoyment of life
• The defendant’s failure to provide an acceptable standard of care/breach of the duty of care was the cause of your injuries or loved one’s death

Surgeons, hospitals, and insurance companies tend to aggressively defend these types of cases. It is very important that you work with a skilled and knowledgeable attorney, one who can work with witnesses to obtain powerful testimony on your behalf and build a solid case aimed at securing the maximum recovery you deserve.

At Brewster & De Angelis, we have a long track record of success in complex surgical error cases and have recovered many favorable settlements and verdicts for our clients. As your legal team, we will be there for you every step of the way, providing the guidance and answers you need.

FAQs About Surgical Errors

What Steps Should I Take If I Suspect a Surgical Error?

If you suspect that a surgical error has occurred, it is crucial to act promptly. First, seek immediate medical attention to address any potential issues arising from the error and ensure your health is prioritized. Once stable, document as much information as possible, including medical records, symptoms observed post-surgery, and communications with healthcare providers. Obtaining a second opinion can also be beneficial in substantiating claims that an error occurred.

Consulting with a local attorney experienced in surgical errors should be your next step. A knowledgeable attorney from Brewster & De Angelis can offer insights into your situation, helping determine viable legal options. With their experience, you can understand the scope of your rights and the potential for pursuing a malpractice claim. This also involves investigating the incident with the goal of securing financial restitution and holding responsible parties accountable.

How Can Surgical Errors Affect Long-Term Health?

Surgical errors can severely impact an individual’s long-term health. Complications ranging from chronic pain to impaired organ function can persist long after the initial procedure. In some instances, an error may necessitate additional surgeries, further subjecting the patient to medical risks and extended recovery periods.

Moreover, the psychological impact should not be underestimated. The trauma of experiencing a surgical error can lead to anxiety, depression, and a diminished sense of wellbeing. Individuals might also struggle with the mistrust of medical providers, opting to forego necessary medical care out of fear of repeated errors. Consequently, these factors can significantly alter the quality of life and impose ongoing challenges. Addressing these issues requires comprehensive medical and psychological support, highlighting the importance of an adept legal team to ensure proper compensation covers these needs.

What Are My Legal Rights in Oklahoma If I’ve Suffered a Surgical Error?

In Oklahoma, if you are a victim of a surgical error, you have the right to seek legal redress against the responsible party, whether it is the surgeon, hospital, or another medical professional involved in the procedure. Your rights include recovering damages for economic losses, such as medical bills and lost wages, and non-economic losses like pain and suffering.

To pursue a medical malpractice claim in Oklahoma, you must establish that a duty of care was breached, resulting in significant harm. State laws dictate specific procedures for filing claims, underscoring the importance of collaborating with a local attorney who comprehends Oklahoma’s legal landscape. Brewster & De Angelis is adept at navigating these legal frameworks and offers guidance to ensure justice is both sought and obtained. Emphasizing detailed preparation and client-centered approaches, we uphold your rights while aiming for solutions that are just and comprehensive.

Schedule Your Free Consultation with Our Team Today

Your time to file a medical malpractice lawsuit in Oklahoma is limited. In most cases, you only have two years from the date of injury or alleged malpractice to sue for damages. If you were not reasonably able to discover your injury right away, this statute of limitations could be extended from the date on which you discovered the injury or reasonably could have discovered the injury. In any case, it is important that you reach out to our team right away so that we can begin gathering evidence and building your claim.

When you hire Brewster & De Angelis, there are no legal fees for you unless/until we recover compensation on your behalf. If we do not win your case, you do not pay.