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Baltimore Surgical Error Lawyer

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

A Note on Our Fees

At Frank Spector Law, we operate on a contingency fee basis, meaning you don't pay any legal fees unless we successfully secure compensation for you. Our fee is a percentage of the compensation you receive, ensuring that anyone, regardless of financial circumstances, has access to experienced legal representation after suffering from a surgical error.

We understand that dealing with the financial stress of a surgical mistake can be overwhelming, from mounting medical bills to lost income. With our contingency fee model, you can focus on your recovery without worrying about legal costs. 

Why Choose Us Over Other Baltimore Surgical Error Lawyers?

When selecting legal representation for a surgical error case, you need someone with the experience, dedication, and skill to make a real difference. At Frank Spector Law, we offer more than just legal expertise—we provide personalized care and a commitment to achieving the best results for our clients.

Here's what sets us apart:

  • Decades of Experience: With over 30 years of experience handling complex medical malpractice cases, we've built a proven track record of success in securing substantial settlements and judgments for clients. Our in-depth knowledge of the law and medicine allows us to navigate even the most intricate surgical error claims.
  • Personalized Attention to Every Case: We understand that no two cases are the same. Every client receives our full attention and tailored legal strategies designed to meet their unique needs. Your case will never feel like just another file on the desk.
  • Comprehensive Knowledge of Medical and Legal Details: Our specialized understanding of medical procedures and conditions enables us to pinpoint negligence or misconduct in ways others might overlook. This dual perspective helps build compelling cases for our clients.
  • Empathetic Support During Difficult Times: We recognize that surgical errors can leave more than just physical scars. Our team is here to support you emotionally as well, offering guidance and understanding throughout the legal process.
  • Proven Commitment to Results: Our history of achieving favorable outcomes is a testament to the dedication we bring to each case. Whether through settlement or trial, we're driven to fight for the justice and compensation our clients deserve.

Types of Surgical Errors We See

Surgical errors can happen during any procedure, but certain mistakes occur more often than others in medical malpractice cases. At Frank Spector Law, we've seen a wide range of surgical errors, including:

  • Wrong-Site Surgeries: These involve operations performed on the wrong body part, organ, or area of the body, causing unnecessary harm to patients.
  • Wrong-Patient Surgeries: Sometimes, procedures are mistakenly performed on the wrong person or on patients who don't need surgery, exposing them to significant risks without justification.
  • Infections Due to Unsanitary Conditions: A lack of proper sterilization for instruments or equipment can lead to serious infections, jeopardizing a patient's recovery.
  • Instruments Left Inside the Body: Items like sponges, clamps, or surgical tools may accidentally be left inside the patient, often causing severe complications and requiring additional surgeries.
  • Damage to Nearby Organs: A surgeon might inadvertently puncture or damage surrounding internal organs during a procedure, leading to additional medical issues.

Common Injuries Associated with Surgical Errors

We've seen many types of injuries caused by surgical mistakes, including:

  • Internal Bleeding: This can occur when blood vessels are accidentally damaged during surgery, often requiring immediate and additional medical intervention.
  • Organ Damage: A surgeon may inadvertently harm a neighboring organ, leading to significant complications or permanent health issues.
  • Nerve Damage: Mistakes during surgery can result in severed or damaged nerves, potentially causing chronic pain, loss of sensation, or paralysis.
  • Scarring: Surgical errors can lead to excessive scarring, which may require further procedures to correct or cause lasting physical and emotional distress.
  • Amputation or Disfigurement: Some errors result in the loss of a limb or other severe disfigurement, leaving patients to face lifelong challenges.
  • Temporary or Permanent Disability: Injuries from surgical mistakes can hinder a patient's ability to perform daily activities, work, or enjoy their previous quality of life.

In addition to these physical injuries, patients often face substantial medical bills for corrective treatments and lost income due to time away from work. For some, recovery may take years—or may never fully happen. Tragically, in the most severe cases, surgical errors can result in catastrophic outcomes, including the loss of life.

When Do Surgical Errors Become Medical Malpractice?

For a surgical error to rise to the level of malpractice, specific legal elements must be established.

Surgical errors typically become medical malpractice when the surgeon or healthcare provider fails to meet the standard of care expected in their field. The "standard of care" refers to the quality of care that another similarly trained and experienced surgeon would have provided under the same or similar circumstances. If a healthcare provider's actions fall short of this standard and cause harm, they may be held liable.

The key question we examine is: Would a reasonably prudent surgeon, acting under the same conditions, have avoided the error and harm? If the answer is yes, then the case may involve negligence and could qualify as medical malpractice.

At Frank Spector Law, we help you answer this critical question by thoroughly reviewing your case. Our surgical error lawyers will evaluate the circumstances, consult with medical experts, and determine whether the error meets the criteria for a medical malpractice claim.

If you've suffered a surgical injury, you may be entitled to compensation. Contact us today and schedule a free consultation with our medical malpractice lawyer to discuss and get guidance on your case.

What About Informed Consent?

Before undergoing surgery, patients are typically required to sign a document called informed consent. This document ensures that you've been made aware of the risks, benefits, and alternatives associated with the procedure. For example, risks might include injury, bleeding, or infection, while benefits could range from improved mobility to a better quality of life. Alternatives, such as choosing not to have the surgery, should also be explained.

But what does it mean if you've signed this document? Does giving informed consent prevent you from pursuing a medical malpractice case? The simple answer is: No, it doesn't automatically bar you from filing a claim.

Signing informed consent acknowledges that you were made aware of the potential risks, but it does not excuse negligence. If a surgeon or healthcare provider fails to meet the standard of care—such as by making an avoidable mistake or acting recklessly during the procedure—you may still have a valid case for medical malpractice.

Speak to a Surgical Error Attorney in Baltimore Today!

If you or a loved one has been affected by a surgical procedure mistake, don't face this challenging situation alone. Our experienced surgical malpractice lawyers are here to help you understand your rights, build a strong case, and seek the medical negligence compensation you deserve.

Contact us today for a free consultation. You can reach us by:

  • 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 me anytime at [email protected].

 

FAQs

What is considered a surgical error?

A surgical error is a preventable mistake made during a procedure, such as operating on the wrong site, damaging organs, or leaving instruments inside the body. These errors often result from poor planning, miscommunication, or negligence.

What is surgical negligence?

Surgical negligence occurs when a surgeon or medical professional fails to meet the standard of care expected in their field, causing harm. Examples include using unsanitary tools, making critical errors, or ignoring established protocols during the procedure.

How successful are medical negligence claims?

The success of a medical negligence claim depends on proving that the healthcare provider's actions deviated from the standard of care and caused harm. With strong evidence and experienced representation, many claims result in settlements or favorable judgments.

How much is my medical negligence claim worth?

The value of your claim depends on factors like the severity of your injuries, medical costs, lost income, and pain and suffering. Our surgical error lawyers can evaluate your case and provide an estimate based on your specific circumstances.

Contact Me Today

Frank Spector Law is committed to answering your questions about Medical Malpractice, Birth Injury - Cerebral Palsy, Birth Injury - Erb's Palsy, Birth Injury - Development Delay, Wrongful Death, Surgical Errors, Emergency Room Malpractice, Misdiagnosis, Medication Errors, and Nursing Home Neglect law issues in Maryland.

I offer a Free Consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

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1340 Smith Avenue,
Suite 300
Baltimore, MD 21209


Please call to schedule an appointment

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