Tulsa Surgical Error Attorneys
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.
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.
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 expert 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.
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.
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The attorneys at Brewster & De Angelis are always available to provide you with updates and answer questions regarding your case. At the end of the day, we work for you and pride ourselves on being available regardless of the situation.
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When going through a legal matter, things can seem scary and uncontrollable. Our team works to refine the legal process in order to ensure you not only understand exactly what is going on, but also that your goals and interests are taken into account with every decision.
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Unlike other law firms, we handle a small number of cases so that our team can focus on getting you results. When it is time to get ready for trial, you can be assured that our full team of litigators has convened to get you the best possible outcome.
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At Brewster & De Angelis we have the top litigators in Tulsa, Oklahoma and we have been serving our community for over forty years, giving us the tools and knowledge to aggressively and effectively handle your case.