If you have experienced a botched surgery, the aftermath can be overwhelming. Pain, frustration and questions about how such a serious mistake happened are common. Whether it was the result of a misplaced incision, a foreign object left behind or surgery performed on the wrong site, the consequences can be life-changing.
As you begin to recover physically, it is equally important to understand your rights and next steps. Surgical errors are not only traumatic but may also give rise to a legal claim. Knowing what to expect can help you make informed decisions during this difficult time.
1. You might have a case of negligence
In many cases involving surgical errors, the concept of negligence plays a central role. Surgeons and hospitals are expected to meet a professional standard of care, and when they fail to do so, the patient can suffer serious harm. If a foreign object was left inside your body or if the wrong procedure was performed, this could indicate that someone acted carelessly. Courts may apply the legal doctrine of res ipsa loquitur, which means the event speaks for itself. In other words, a mistake so serious typically does not happen without negligence. However, the healthcare provider may still try to argue that no wrongdoing occurred.
2. You may need medical records and expert review
To move forward with a claim, you will need access to your medical records. These documents help establish what went wrong during the procedure. In complex cases, you may also need a medical expert to review your records and provide an opinion on whether the surgeon or staff deviated from accepted standards. While not always necessary, expert testimony can strengthen a claim, especially when the facts are not as straightforward.
3. Legal guidance can help you seek accountability
After a botched surgery, navigating the legal system can feel intimidating. Understanding your rights and potential options for compensation is essential. A surgical error may result in lasting physical and emotional harm, and you should not have to bear the cost alone. Legal guidance can help you take the proper steps toward justice and recovery.