Before surgery, you may be required to complete some paperwork. Beyond providing your personal details, the healthcare facility may ask you to sign an informed consent form. The form makes you aware of the procedure you will have and any risks involved. It also informs you of possible complications that are likely to develop during or after the surgery.
However, it does not mean that you have waived your legal rights should anything go wrong in the surgery room. For example, you could be a victim of medical malpractice if the surgeon or anesthetist is negligent.
You did not consent to negligence
While you gave consent to undergo surgery, you made the decision based on the known and possible risks. However, you expected the surgeon to accord you the best care throughout the procedure. Malpractice arises when the doctor breaches that duty of care they owed to you.
Such instances of malpractice include:
- Operating at the wrong site
- Leaving a surgical instrument or bandage inside the patient
- Injuring a nerve during surgery
- Anesthesia errors
Protecting your rights
Medical malpractice can cause you untold pain and suffering, not to mention the cost of correcting these errors. Surgery, especially, is pretty sensitive since it is an invasive procedure. Correcting surgical errors may require another operation to get everything right. That means more time is needed to recover, away from work or any meaningful economic activity.
If you are a victim of medical malpractice, you need to hold the healthcare facility or surgeon accountable. However, navigating a medical malpractice claim requires in-depth knowledge of malpractice cases, given that things can get complex. Experienced guidance is a necessity if you want to get what you deserve.