Surgery is a big deal in Maryland and in DC. There are always risks. When a surgeon or another medical professional commits a surgical error and you are harmed, you should not have to bear the weight of that mistake. You are entitled to file a medical claim and get the compensation you deserve.
At Frank Spector Law, LLC, our medical malpractice attorney handles these types of cases.
Time is critical, so don't let a surgical mistake define your future. Contact us now for a free consultation.
Call us at 443-845-1456 or complete our online contact form.
Do You Have a Case?
Determining whether you have a valid Baltimore medical malpractice claim depends on a few essential elements. Our surgical error lawyers can evaluate the details of your case and guide you through the legal process. Here's what needs to be established to pursue a claim:
Duty of Care
Medical professionals have a responsibility to provide care that meets accepted standards. This duty applies to surgeons, anesthesiologists, and all other medical staff involved in your procedure. As your Baltimore surgical mistake lawyer, we'll review your medical records to demonstrate that the healthcare provider owed you a duty of care during your treatment.
Breach of Duty
A breach occurs when the healthcare provider fails to meet the expected standard of care. This could include errors like leaving surgical instruments inside the body, performing unnecessary procedures, or failing to follow proper protocols. Our surgical mistakes lawyers have the experience to identify and prove where the medical team failed.
Causation
It's not enough to show that a mistake was made; you must also prove that the breach of duty directly caused your injury. For instance, a surgical error leading to severe complications or additional procedures must be clearly linked to the medical professional's actions or negligence.
Damages
To have a claim, you need to demonstrate that the surgical error resulted in measurable damages. This could include medical expenses, lost wages, physical pain, or emotional suffering. Our team will gather evidence to quantify your losses and strengthen your claim.
If you suffered a personal injury due to a surgical error, don't wait and act promptly. Schedule a free consultation with our Baltimore medical malpractice lawyer and let us guide you toward justice.
Damages You Can Recover
Our surgical error lawyers can help you pursue a claim for the damages that apply to your situation, ensuring you're not left to bear the burden of someone else's negligence. Here are the types of damages you may be able to recover:
Economic Damages
These are tangible financial losses related to the surgical error. Economic damages can include:
- Medical Expenses: Costs for additional surgeries, hospital stays, rehabilitation, medications, or assistive devices.
- Lost Wages: Income lost due to time away from work while recovering.
- Loss of Earning Capacity: If your injuries affect your ability to work in the future, you may be compensated for the impact on your long-term earnings.
- Other Out-of-Pocket Expenses: Travel costs for medical appointments, home modifications, or caregiving expenses.
Non-Economic Damages
These damages compensate for the personal impact of the surgical mistake, which can be harder to quantify but are no less important. Examples include:
- Pain and Suffering: Physical pain and emotional distress caused by the injury.
- Loss of Quality of Life: Reduced enjoyment of daily activities, hobbies, or personal relationships.
- Disfigurement or Disability: Compensation for permanent scarring, loss of mobility, or other life-altering conditions resulting from the surgical mistake.
Punitive Damages
In cases where the healthcare provider's actions were particularly reckless or egregious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
Loss of Consortium
If the surgical error negatively impacted your relationship with your spouse or family, such as a loss of companionship or intimacy, these damages might also be recoverable.
Wrongful Death Damages
In tragic cases where a surgical mistake leads to the loss of a loved one, surviving family members may be entitled to compensation for funeral expenses, loss of financial support, and emotional suffering.
Who Can You Hold Liable?
Identifying all liable parties is key to building a strong case and maximizing your recovery. Our surgical mistakes lawyers will thoroughly investigate your case to determine who can be held accountable. Here are some of the potentially liable parties:
- Surgeons: Errors during the procedure, such as operating on the wrong site, making improper incisions, or leaving instruments inside the body, can directly implicate the surgeon.
- Anesthesiologists: Mistakes in administering anesthesia, including incorrect dosage or failure to monitor the patient, can result in serious complications.
- Nurses and Surgical Staff: Errors such as improper sterilization, failure to follow the surgeon's instructions or mishandling of medical equipment can make the assisting staff liable.
- Hospitals and Medical Facilities: If systemic issues like understaffing, improper training, or poor maintenance of equipment contributed to the error, the hospital may share liability.
- Manufacturers of Medical Devices or Equipment: Defective medical devices or instruments used during the procedure can also be a source of liability, requiring action against the manufacturer.
- Other Medical Professionals: If preoperative or postoperative care was mishandled by another healthcare provider, they could also be held responsible for your injuries.
How to Get in Touch With Our Baltimore Surgical Error Attorney
Getting started with your claim is easy. We offer a free consultation to discuss your case and explore your options. You can reach us through any of the following methods:
- Telephone: Call us directly at 443-845-1456 to speak with a member of our team.
- Contact Form: Fill out our online contact form to provide details about your case, and we'll get back to you promptly.
- Email: You can also email Frank anytime at [email protected].
Don't hesitate to get in touch. Our Baltimore surgical mistake lawyer is ready to help you seek the compensation you deserve.
Meet Your Baltimore Surgical Error Lawyer
At Frank Spector Law, I represent victims of medical malpractice, including surgical errors, with the dedication and expertise you deserve. With over 30 years of experience handling complex cases, my track record reflects my commitment to achieving justice for my clients. Recognized in Maryland Super Lawyers Magazine for medical malpractice—a distinction based on votes from fellow attorneys—I take pride in my reputation in the legal community.
I have handled numerous cases involving surgical errors, including injuries resulting from heart procedures such as cardiac catheterizations and angiograms. One case I am particularly proud of involved representing the family of a woman who tragically passed away during the placement of a heart filter at Union Memorial Hospital in Baltimore. I successfully obtained a $1.3 million verdict for the family, providing some measure of justice in a difficult time.
While every case is unique, and past success does not guarantee future results, my experience and dedication speak for themselves. If you're looking for a trusted Baltimore surgical mistake lawyer, I am here to help.
If you've experienced harm due to negligence on the part of a surgeon, it's essential to act quickly. Schedule a free consultation to ensure your rights are protected and your claim adheres to the legal requirements for a medical malpractice lawsuit.
Your First Steps Once You Suspect Surgical Error
If you suspect that a surgical mistake has occurred, taking the right steps can protect your health and strengthen your case. Here's what you should do:
- Seek Immediate Medical Attention: If you're experiencing complications, prioritize your health by consulting another medical professional. Addressing the issue quickly can prevent further harm.
- Request Your Medical Records: Obtain copies of all records related to your surgery and follow-up care. These documents are critical for evaluating what went wrong.
- Avoid Speaking With Insurance Companies: Refrain from discussing your case with insurance adjusters before consulting a lawyer. Their goal is to minimize payouts, which could harm your claim.
- Document Your Experience: Keep a detailed record of your symptoms, treatments, and conversations with healthcare providers. This information can be invaluable in building your case.
- Consult a Baltimore Surgical Mistake Lawyer: Reach out to our surgical error lawyers for a free consultation. We can review your situation and help you understand your legal options.
Don't Delay in Starting a Claim
In Baltimore, there is a strict statute of limitations for filing a medical malpractice claim, including surgical errors. Maryland law generally requires you to file a claim within five years from the date of the surgical error or three years from the date you discovered the error, whichever comes first.
Missing this deadline could result in losing your right to pursue compensation, no matter how strong your case may be.
Gathering Evidence for Your Case
Building a strong surgical error claim starts with collecting the right evidence. Here's what you should gather as soon as possible:
- Your Medical Records: Request copies of all medical records, including preoperative and postoperative notes. These documents are essential for identifying where the error occurred.
- Second Medical Opinions: Consult with another healthcare professional to evaluate the impact of the surgical error. Their expert opinion can provide valuable support for your claim.
- Photographs or Videos of Injuries: Document visible injuries or physical changes resulting from the surgical mistake. Clear evidence of harm can strengthen your case.
- Personal Journal or Notes: Keep a detailed record of your symptoms, treatments, and emotional struggles. This can help illustrate how the error has impacted your life.
- Bills and Receipts: Save all medical bills, therapy costs, and related expenses. These are important for calculating economic damages.
- Witness Statements: If family members or others were aware of your condition or saw the effects of the error, their accounts may support your claim.
We know this can be a lot to manage while dealing with the effects of a surgical mistake. Let our experienced surgical error lawyers take on this burden for you. We'll gather the evidence, consult with experts, and build your case so you can focus on what matters most—your recovery and well-being.