Maryland Surgical Error Lawyer

The consequences of surgical errors can be overwhelming. They often result in severe complications, prolonged recovery periods, and, in the worst cases, even death.

For patients and their families, these mistakes bring emotional distress, increased medical bills, and financial strain from lost income.

If you or a loved one is dealing with the consequences of a surgical error, seeking legal counsel is a critical step. Our Maryland surgical error lawyer will help you explore your options for pursuing compensation and ensure that negligent healthcare providers are held accountable for their actions.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.

Injured due to a surgical error? Contact us for a free consultation with our experienced Maryland surgical error lawyers today!

Do You Have a Case?

Determining if you have a valid Maryland medical malpractice claim depends on meeting specific criteria. Here are the key points we will establish:

Duty of Care: Medical professionals are responsible for providing care that meets accepted standards. This duty extends to everyone involved in your procedure, including surgeons and anesthesiologists.
Breach of Duty: A breach occurs when a healthcare provider fails to meet the required standard of care. Examples include leaving surgical tools inside the body, performing unnecessary operations, or ignoring proper protocols.
Causation: We must prove that the medical error directly caused your injury. For example, complications or additional procedures must be clearly linked to the provider's negligence.
Damages: Your claim must show measurable losses, such as increased medical bills, missed work, physical pain, or emotional distress.

Our Maryland surgical error lawyers will evaluate your case, gather evidence, and guide you through the legal process to help you seek the compensation you deserve.

Damages You Can Recover

If you've been harmed by a surgical mistake, you shouldn't have to bear the financial and emotional burden alone. Our team will help you seek compensation for the damages that apply to your case, ensuring those responsible are held accountable.

Below are the types of damages you may be entitled to recover:

Economic Damages:

Medical expenses, including additional surgeries, hospital stays, rehabilitation, medications, and assistive devices.
Lost wages for the income missed during your recovery.
Reduced earning capacity if you're no longer able to work at the same level.
Out-of-pocket costs, such as travel for medical care or home modifications.

Non-Economic Damages:

Pain and suffering caused by the physical and emotional toll of the mistake.
Loss of enjoyment of life, including the inability to participate in daily activities or hobbies.
Disfigurement or disability resulting in permanent physical changes or limitations.

Loss of Consortium

Compensation for the loss of companionship, intimacy, or support within a marital or family relationship caused by the error.

Wrongful Death Damages

In the tragic case of death, the following can also be claimed:

Funeral and burial expenses.
Loss of financial support from the deceased.
Emotional pain and grief for surviving family members.

Who Can You Hold Liable?

Identifying all responsible parties is critical to building a strong surgical error case and ensuring you receive the compensation you deserve. Our surgical error lawyers will carefully examine the details of your case to determine liability. Here are the parties that may be held accountable:

Surgeons: Errors during surgery, such as operating on the wrong site, making incorrect incisions, or leaving tools inside the body, can directly implicate the surgeon.
Anesthesiologists: Mistakes in administering anesthesia, such as incorrect dosages or failing to monitor the patient's vital signs, can lead to serious complications or injury.
Nurses and Surgical Staff: Issues like improper sterilization, mishandling of medical equipment, or failure to follow instructions during the procedure may make the assisting staff responsible.
Hospitals and Medical Facilities: Institutions may share liability if issues such as understaffing, poor training, or lack of equipment maintenance contributed to the error.
Manufacturers of Medical Devices or Equipment: Defective tools or devices used during the procedure can make the manufacturer liable for any resulting harm.
Other Medical Professionals: If improper care during preoperative or postoperative treatment contributed to your injury, those involved in your care can also be held accountable.

How to Get in Touch With Our Maryland Surgical Error Attorney

Starting your claim is simple, and we're here to help every step of the way. Take advantage of our free consultation to discuss your case and explore your legal options. You can reach us through any of these convenient methods:

Call Us: Speak with a member of our team directly at 443-845-1456.
Online Contact Form: Share the details of your case using our easy-to-use form, and we'll respond promptly.
Email: Reach out to Frank anytime at [email protected] for personalized assistance.

Don't wait to get the help you need. We are ready to guide you toward the compensation you deserve.

Meet Your Maryland Surgical Error Lawyer

I am dedicated to helping victims of medical malpractice, including surgical errors, achieve justice. With over 30 years of experience and recognition in Maryland Super Lawyers Magazine for medical malpractice, I bring a proven track record and a strong reputation in the legal community.

I have successfully handled cases involving surgical errors, such as injuries during heart procedures like cardiac catheterizations and angiograms. One notable case involved securing a $1.3 million verdict for the family of a woman who tragically passed during a heart filter procedure at Union Memorial Hospital.

While every case is unique, my experience and dedication to my clients speak for themselves. If you've suffered harm due to surgical negligence, don't wait. Schedule a free consultation today to protect your rights and ensure your claim meets all legal requirements.

Surgical errors include wrong-site surgery, anesthesia mistakes, and more. Contact me today for a free consultation and let us help you seek justice!

Your First Steps Once You Suspect Surgical Error

If you believe a surgical error has occurred, taking the right steps immediately is best for protecting your health and strengthening your case. Follow these straightforward steps:

Seek Medical Attention Immediately: Consult a trusted medical professional to address complications and prevent further harm. Getting a second opinion can confirm the error and guide corrective treatment.
Consult Our Maryland Surgical Mistake Lawyers: Our experienced attorneys are here to help. We'll review your case during a free consultation, handle negotiations and paperwork, and ensure your claim is filed correctly. You can focus on your recovery while we take care of the legal process.
Obtain Your Medical Records: Request all records related to your surgery, including preoperative and postoperative notes. These are essential for identifying errors and supporting your claim and we can request these on your behalf.
Avoid Speaking With Insurance Companies: Don't discuss your situation with insurance adjusters or hospital representatives without consulting our lawyers. They may try to minimize your claim or use your statements against you.
Document Symptoms and Treatments: Keep a log of your symptoms, treatments, and any follow-up procedures. Photos of physical injuries can also help build a strong case.
Track Financial Losses: Maintain records of all expenses related to the surgical error, such as medical bills, lost wages, travel costs, and caregiving expenses.
Limit Social Media Activity: Avoid posting about your condition or case online. Insurers often monitor social media and may use your posts to challenge your claim.
Save Communication Records: Keep any emails, texts, or letters from healthcare providers or insurers. These can serve as valuable evidence in your case.
Gather Witness Accounts: If family or friends witnessed your condition before and after the surgery, their statements can further support your claim.

Maryland Statute of Limitations

If you've experienced a surgical error or other form of medical negligence in Maryland, it's essential to act quickly due to Maryland's strict statute of limitations for filing a medical malpractice case. Under state law, you must file a medical malpractice lawsuit within:

Five years from the date the surgical error occurred or
Three years from the date you discovered the error, whichever comes first.

Failing to meet this deadline could result in losing your right to pursue compensation, even if your case is strong. This timeframe applies to errors such as wrong-site surgery, operating on the wrong patient, or removing the wrong body part during a surgical procedure.

Our experienced medical malpractice attorneys can help ensure your case is filed on time and meets all legal requirements. A malpractice lawyer will review your situation, consult medical experts, and determine whether the personal injury was caused by negligence.

Evidence Needed For Your Case

Building a case for a surgical error starts with collecting key evidence to support your claim. Here's what you should focus on:

Medical Records: Request copies of all relevant records, including pre- and post-surgery notes. These will help identify where and how the mistake happened.
Second Medical Opinions: Get another healthcare professional to assess the impact of the surgical error. Their evaluation can provide strong support for your case.
Photos or Videos of Injuries: Capture any visible injuries or physical changes caused by the error. Visual proof can make your claim more compelling.
Personal Notes or Journals: Write down details about your symptoms, treatments, and how the error has affected your daily life and emotions. This paints a clearer picture of the harm you've endured.
Bills and Receipts: Keep track of all costs, such as medical bills, therapy expenses, and out-of-pocket charges. These are key for calculating financial losses.
Witness Statements: If family members or others are aware of your condition or saw how the mistake affected you, their accounts can add credibility to your claim.

Dealing with these steps while recovering from a surgical mistake can feel overwhelming. That's where we come in—we will gather as much evidence on your behalf as possible so you (or your loved one) can focus on getting better.

Attorney Fees

We understand that financial worries are often a significant concern after suffering from a surgical error. That's why our law firm works on a contingency fee basis for medical malpractice cases. This means:

You pay nothing upfront.
We only get paid if we win your case.
Our payment is a percentage of the compensation we recover for you.

This approach ensures that you can focus on your recovery without the stress of out-of-pocket legal fees. Whether your case involves medical expenses, lost income, or emotional damages, we are here to fight for the compensation you deserve—at no financial risk to you.

Why Choose Us Over Other Maryland Surgical Error Lawyers?

After experiencing a surgical error, it's necessary to have legal representation that combines skill, compassion, and determination. At Frank Spector Law, we go beyond the basics of legal assistance to provide personalized support and dedicated advocacy.

Here's what sets us apart:

Decades of Proven Experience: With more than 30 years of handling medical malpractice claims, including difficult surgical error cases, we've built a strong reputation for securing favorable outcomes. Our experience gives us the insight needed to handle even the toughest cases with confidence.
Support When You Need It Most: We know that surgical mistakes don't just affect your body—they can also impact your emotional well-being. Our team is here to provide compassionate guidance and support, making the legal process as stress-free as possible.
Individualized Focus on Every Client: No two cases are the same, and we treat each client with the attention they deserve. We'll take the time to understand your unique circumstances and craft a strategy that aligns with your specific needs and goals.
Specialized Medical and Legal Knowledge: Surgical error claims often require a deep understanding of medical procedures and standards. Our expertise in both law and medicine allows us to uncover critical details and build a compelling case on your behalf.
A Track Record of Results: Our commitment to achieving justice for our clients has led to numerous successful settlements and verdicts. Whether negotiating or litigating, we're driven to fight for the compensation you deserve.

What Constitutes Surgical Errors

These errors go beyond the inherent risks of surgery and result from a medical professional's negligence or failure to meet the standard of care. Surgical malpractice happens when the actions of a surgeon or medical staff directly cause an injury to a patient, either during the procedure or as a result of improper preoperative or postoperative care.

Examples of situations that may constitute surgical error malpractice include:

Operating on the wrong site or even the wrong patient.
Leaving surgical instruments or sponges inside the body.
Performing a botched surgery that requires another surgery to correct the damage.
Failure to monitor the patient during or after the procedure leads to complications or death.

Common Surgical Errors

Errors can occur at any stage of a surgical procedure, and the consequences often lead to patient suffering or even injury or death. Below are some of the most common types of surgical errors seen in malpractice cases in Maryland:

Wrong Site Surgery: Performing surgery on the wrong body part, such as the incorrect limb or organ.
Wrong Procedure: Conducting a surgery that the patient did not consent to or was not medically necessary.
Leaving Instruments Behind: Failing to remove sponges, clamps, or tools, requiring additional surgeries to correct the error.
Anesthesia Errors: Administering the wrong dosage, failure to monitor vital signs, or allergic reactions.
Infections: Poor sterilization practices leading to serious infections that could have been avoided.
Organ or Nerve Damage: Accidental cuts or damage to organs, blood vessels, or nerves during the procedure.
Surgical Burns: Using improper techniques or malfunctioning equipment that causes tissue damage.

Surgical errors can result in severe complications, extended recovery times, or even permanent disabilities. Victims may need to file a personal injury claim to seek compensation for medical expenses, lost wages, and emotional distress caused by the surgery malpractice.

Main Causes of Surgical Errors

Awareness of why surgical errors can occur is necessary for identifying accountability and preventing future mistakes. Below are the primary causes of surgical malpractice:

Lack of Preparation: Failure to review the patient's medical history or plan adequately before surgery increases the risk of injury.
Communication Failures: Miscommunication between surgical team members can lead to wrong-site surgery, incorrect procedures, or other serious errors.
Fatigue: Surgeons and medical staff working long hours are more prone to making mistakes.
Inexperienced Medical Staff: Lack of medical knowledge or inadequate training can result in improper procedures or equipment use.
Negligence During Surgery: Errors such as improper sterilization, failure to follow protocols, or mishandling of instruments can result in infections, tissue damage, or worse.
Faulty Equipment: Malfunctioning surgical tools or devices can lead to a botched surgery or unexpected complications.

When errors happen due to another's negligence, it's important to act quickly. Victims have the right to file a surgical error lawsuit and seek compensation with the help of an injury attorney.

If the injury was discovered long after the surgery, you may still have a window to file a claim for surgical malpractice in Maryland.

When Do Surgical Errors Become Medical Malpractice?

A surgical mistake must meet specific legal criteria for it to be considered malpractice.

A surgical error qualifies as medical malpractice when the healthcare provider fails to deliver the expected standard of care. This standard refers to the quality of care that another surgeon with similar training and experience would have provided in the same situation. If the actions—or inactions—of the provider fall below this standard and cause harm, they can be held accountable.

The central question is whether a reasonably skilled surgeon, under the same circumstances, would have avoided the error and the resulting harm. If the answer is yes, the provider's actions may be deemed negligent, making the case eligible for a medical malpractice claim.

At Frank Spector Law, we focus on answering this important question. Our surgical malpractice lawyers review the details of your case, consult medical experts, and determine whether the error meets the criteria for malpractice. If you've experienced a surgical injury, contact us for a free consultation to understand your legal options and seek compensation for your losses.

Surgical errors include mistakes that can have serious consequences. Contact us for a free consultation and the support you deserve.

What about Informed Consent?

Before surgery, patients typically sign an informed consent form. This document confirms that your doctor has explained the procedure's potential risks, benefits, and alternatives.

For example, risks may include bleeding or infection, while benefits might involve pain relief or improved mobility. Alternatives, such as not undergoing surgery, should also be outlined.

Signing informed consent does not prevent you from filing a medical malpractice claim if negligence occurs. The form acknowledges that you were informed about the risks, but it does not shield a surgeon from responsibility for mistakes caused by carelessness or substandard care.

Even with informed consent, you may still have a valid case if a surgeon acted negligently, made an avoidable mistake, or failed to meet the expected standard of care. If you believe your injury was caused by negligence, contact us for guidance.

Speak to a Surgical Error Attorney in Maryland Today!

If you've been hurt by a surgical mistake, you don't have to handle it on your own. Our team is here to understand your situation and help you figure out the next steps.

Telephone: Call us directly at 443-845-1456 to speak with a lawyer in Maryland.
Contact Form: Take a few minutes to view our online contact form and provide details about your case.
Email: You can also send an email to [email protected] at any time.

FAQs

How successful are medical negligence claims?

The success of a medical negligence claim depends on proving that a healthcare provider's actions caused harm. With strong evidence, expert testimony, and skilled legal representation, many claims are successful, resulting in compensation for damages such as medical expenses, lost wages, and pain and suffering.

How much is my medical negligence claim worth?

The value of a medical negligence claim varies based on factors like the severity of the injury, medical costs, lost income, and emotional distress. Some claims also include non-economic damages for pain and suffering or punitive damages in cases of gross negligence. An attorney can provide a tailored estimate.

What is considered a surgical error?

A surgical error is a preventable mistake during surgery that causes harm, such as operating on the wrong site, leaving instruments inside the patient, or damaging organs or nerves. These errors often occur due to negligence, poor planning, or inadequate communication among medical staff.

What is surgical negligence?

Surgical negligence occurs when a healthcare provider fails to meet the accepted standard of care during a procedure, leading to harm. Examples include performing the wrong surgery, damaging organs or nerves, or failing to prevent infections. Such errors often result from carelessness, inexperience, or lack of proper preparation.