Surgery is a significant event, whether in Maryland or D.C. and comes with inherent risks. However, when a surgeon or medical professional makes a preventable mistake that causes harm, you shouldn't have to shoulder the burden alone.
Surgical errors can lead to severe complications, prolonged recovery, emotional distress, mounting medical expenses, and even loss of income—or worse, death. At Frank Spector Law, LLC, our experienced medical malpractice attorney, is here to help.
We understand how overwhelming this situation can be and are committed to holding negligent healthcare providers accountable. If you or a loved one has been affected by a surgical error, we can guide you through your legal options and fight for the compensation you deserve.
Need a Washington D.C. surgical error lawyer? Contact us today for a free consultation and let us fight for the justice you deserve!
Do You Have a Case?
To pursue a valid Washington D.C. medical malpractice claim, these elements must be proven:
- Duty of Care: Medical professionals are responsible for providing care that meets accepted standards. We'll review your records to confirm this duty existed during your treatment.
- Breach of Duty: If the provider failed to meet these standards—such as leaving instruments inside the body or performing unnecessary procedures—they may have breached their duty.
- Causation: The error must have directly caused your injury. For example, complications or additional surgeries must clearly link back to the provider's negligence.
- Damages: We must show "measurable harm", such as medical bills, lost wages, pain, or emotional suffering. Our team gathers evidence to build your case and quantify these losses.
Damages You Can Recover
If a surgical mistake has caused harm, you shouldn't have to face the financial and emotional burden alone. Below are the types of damages we may be entitled to pursue on your behalf:
Economic Damages
These are measurable financial losses related to the surgical error:
- Medical Expenses: Covers costs for corrective surgeries, hospital stays, medications, rehabilitation, and assistive devices.
- Lost Wages: Compensation for income lost during your recovery period.
- Reduced Earning Capacity: If your ability to work has been permanently impacted, you may recover damages for future income loss.
- Out-of-Pocket Costs: Includes expenses such as transportation for medical care, home modifications, and caregiving services.
Non-Economic Damages
These damages address the personal and emotional toll of the surgical error:
- Pain and Suffering: Compensation for the physical and emotional distress caused by the mistake.
- Loss of Enjoyment of Life: For limitations on daily activities, hobbies, or relationships.
- Disfigurement or Disability: Damages for permanent scarring, loss of mobility, or other life-altering conditions.
Loss of Consortium
If the surgical error has affected your relationship with a spouse or family member, such as a loss of companionship or support, you may be entitled to these damages.
Wrongful Death Damages
In tragic situations where a surgical error leads to a loved one's death, surviving family members can recover compensation for funeral costs, loss of financial support, and emotional grief.
At our law firm, we are committed to helping you recover the full range of damages you deserve, ensuring those responsible are held accountable. Contact us today to learn more.
>Who Can You Hold Liable?
Building a strong medical malpractice case begins with identifying all the responsible parties. Our experienced surgical error lawyers will thoroughly examine your situation to determine who should be held accountable.
Here are the key individuals and entities that may share liability:
- Hospitals and Medical Facilities: Systemic issues, such as understaffing, poor training, or equipment failures, can make a hospital liable for errors during a surgical procedure.
- Surgeons: The surgeon performing the procedure may be directly responsible for mistakes, such as operating on the wrong body part, making improper incisions, or leaving surgical tools inside the patient.
- Nurses and Surgical Staff: Team members assisting in the surgery can be held accountable for errors like improper sterilization, mishandling equipment, or failing to follow the surgeon's instructions.
- Anesthesiologists: Administering the wrong dosage of anesthesia, failing to monitor the patient, or not recognizing complications can lead to serious harm and liability.
- Medical Device or Equipment Manufacturers: If a defective medical device or faulty instrument was used during surgery, the manufacturer may bear responsibility for the resulting injuries.
- Other Medical Professionals: Negligence in preoperative or postoperative care—such as misdiagnosis, failure to follow up, or improper treatment—can make other healthcare providers liable.
How to Get in Touch With Our Washington D.C. Surgical Error Attorney
Meet Your Washington D.C. Surgical Error Lawyer
At Frank Spector Law, I am dedicated to representing victims of medical malpractice, including surgical errors. With over 30 years of experience in complicated cases, I've built a strong reputation, earning recognition in Maryland Super Lawyers Magazine based on peer nominations.
I've handled diverse surgical error cases, including heart procedures like cardiac catheterizations and angiograms. One notable case involved securing a $1.3 million verdict for a family who tragically lost a loved one during a heart filter placement at Union Memorial Hospital.
Every case is unique, but my experience and commitment to justice stand out. If you're seeking a trusted advocate for your surgical error claim, I am here to help.
Suffering from a surgical error in Washington D.C.? Start with a free initial consultation and let me help you pursue justice!
What to Do After Suspect Surgical Error
If you or a loved one has been harmed due to a surgical mistake, taking immediate and informed steps can protect your health and help build a strong compensation case.
Here's what you need to do:
- Seek Immediate Medical Attention: If you're experiencing complications, consult another medical professional promptly to address the issue and prevent further harm. A second opinion can confirm the error and guide necessary corrective treatment.
- Consult our Washington D.C. Surgical Error Attorney: Reach out to our medical malpractice lawyers for a free case review. We have the experience and resources to handle difficult medical cases and can help you seek compensation for medical expenses, pain and suffering, and any permanent injuries caused by the error.
- Request Your Medical Records: Obtain all documentation related to the medical procedure, including preoperative notes, surgical reports, and follow-up care. These records are vital for evaluating what went wrong and determining grounds for a medical malpractice lawsuit.
- Avoid Speaking With Insurance Companies: Do not discuss your case with insurance adjusters without first consulting a D.C. surgical error attorney form our law firm. Insurance companies aim to minimize payouts, and anything you say could harm your claim.
- Document Your Experience: Keep a detailed journal of your symptoms, treatments, and any additional surgery to correct the error. Photographs of physical injuries and notes from conversations with healthcare providers can be necessary evidence.
- Track Financial Losses: Maintain records of all costs related to the surgical malpractice, such as medical bills, travel expenses for ongoing medical care, and lost wages due to missed work.
- Avoid Social Media Posts: Do not share details of your condition or case online, as insurers may monitor your activity and use posts to challenge your claim.
At our law offices, we understand how overwhelming it can be to deal with errors during surgery. Our legal team is here to guide you through the process, ensuring you get the support and representation you deserve.
Time is Ticking to Start Your Claim
If a surgical error has harmed you or a loved one, it's essential to act quickly. In Washington, D.C., the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date the injury occurred or was discovered.
Waiting too long could mean losing your right to seek compensation, regardless of the severity of your case or the evidence you've gathered. For minors or incapacitated individuals, the timeframe may vary, but delays can still complicate the process.
Starting your personal injury claim as soon as possible gives your D.C. surgical error attorney more time to build a strong case.
Key Evidence to Gather
If you've experienced harm from a surgical mistake, collecting the right evidence is key for strengthening your claim. Here's what you should gather:
- Medical Records: Obtain complete copies of your medical records, including preoperative evaluations, surgical notes, and follow-up care. These documents provide insight into what went wrong and help establish the healthcare provider's failure to meet the standard of care.
- Second Medical Opinions: Seek a qualified medical professional to assess the impact of the surgical error. Their analysis can clarify the mistake's consequences and serve as expert testimony to support your case.
- Photos or Videos: Capture any visible injuries, scars, or physical changes resulting from the error. Clear visual evidence can be compelling in demonstrating the harm caused.
- Personal Journal or Notes: Keep a detailed account of your symptoms, treatments, recovery process, and emotional challenges. These records help illustrate the daily toll the surgical error has had on your life.
- Bills and Receipts: Save all medical bills, therapy invoices, and other related expenses. These documents are key to calculating economic damages, such as medical costs and lost income.
- Witness Statements: If family members, caregivers, or friends have observed the effects of the surgical mistake, their testimony can provide valuable support for your claim.
- Correspondence and Communication Records: Retain any emails, text messages, or letters from your healthcare provider or their staff. These may reveal missteps, overlooked concerns, or attempts to downplay the situation.
- Evidence of Financial Losses: Include travel costs for medical appointments, home modifications, or caregiving expenses, as these can be reimbursed in your claim.
Naturally, it's difficult to gather all of this evidence when recovering from injuries. That's why my team and I will gather as much evidence as possible on your behalf so you don't have to.
How Much Will Hiring Frank Spector Cost?
At Frank Spector Law, we believe that everyone deserves skilled legal representation, regardless of their financial situation. That's why we work on a contingency fee basis—you don't pay any legal fees unless we win compensation for you. Our payment comes as a percentage of the settlement or award you receive, so there are no upfront costs to worry about.
We understand the financial strain caused by a surgical error, from rising medical bills to lost wages. Our contingency fee model allows you to prioritize your recovery while we handle the legal process. You can trust us to fight for the justice and compensation you deserve without adding to your financial burden.
Why Choose Us Over Other Washington D.C. Surgical Error Lawyers?
If you or a loved one has suffered due to a surgical error in Washington, selecting the right attorney is vital to seeking justice and compensation for your pain. At Frank Spector Law, we understand the challenges victims of surgical errors face and are here to guide you every step of the way.
- Experience in Tough Medical Cases: With over three decades of experience, we've successfully handled a wide range of types of cases, including errors like operating on the wrong patient, working on the wrong side of the body, or errors made by a negligent medical team. Our background in injury law ensures you're in capable hands.
- Tailored Legal Strategies: No two cases are alike. Whether you were injured as a result of negligence on the part of the surgical team or another form of preventable surgical mistake, we craft strategies that fit your unique circumstances and maximize your chances for recovery.
- Understanding the Medical Details: Surgical malpractice cases require detailed knowledge of both the legal and medical aspects. We work closely with medical malpractice lawyers and experts to review your medical history, analyze the error during the procedure, and prove where negligence was involved.
- Compassionate Support for Victims: We know how devastating surgical injuries can be. From physical pain to emotional trauma, the effects can be life-changing. Our team is here to support you through the process, ensuring that you feel heard and respected as we fight for the justice you deserve.
- Proven Results: Our history of helping victims of surgical malpractice speaks for itself. Whether through settlements or trials, we've consistently secured victim compensation and held negligent medical staff accountable.
When Do Surgical Errors Become Medical Malpractice?
Not all surgical errors qualify as medical malpractice, but when a healthcare provider's actions fail to meet the expected standard of care and result in harm, it may constitute malpractice. In Washington, D.C., surgical malpractice occurs when a surgical team's negligence directly leads to injury or worsens a patient's condition.
Some examples of errors made that could qualify as malpractice include:
- Performing surgery on the wrong side of the body or operating on the wrong patient.
- Leaving surgical instruments or foreign objects inside the body.
- Errors in preparation, such as failing to review the patient's medical history, resulting in complications.
- Negligence on the part of medical staff, like improper sterilization or failure to monitor vital signs.
To prove malpractice, it must be shown that:
- The healthcare provider failed to meet the standard of care expected in their field.
- That failure directly caused harm to the patient.
- The harm resulted in measurable damages, such as surgical injuries, additional medical procedures, or financial losses.
If you suspect a preventable surgical mistake has occurred, our Washington, D.C., medical malpractice lawyers can help you evaluate your case.
Experienced a surgical error in Washington D.C.? Contact our Washington D.C. surgical error attorney for your initial consultation and trusted legal support!
A Note on Informed Consent
Before undergoing a surgical procedure, patients in Washington, D.C., are typically required to sign an informed consent form. This form outlines the risks, benefits, and potential complications associated with the surgery and offers alternatives to it. By signing it, you acknowledge that you understand these details and accept the associated risks.
However, signing an informed consent form does not mean you've waived your rights. If the surgical team acts negligently—such as making an avoidable mistake or failing to meet the standard of care—you may still have grounds for a medical malpractice lawsuit.
For example, malpractice may still apply if:
- A surgeon performs a procedure unrelated to your condition or one you didn't consent to.
- The risks of the surgery were misrepresented or not fully disclosed.
- The surgeon or medical staff made an error during the procedure that wasn't an inherent risk of the operation.
Informed consent ensures you are aware of the general risks of surgery, but it does not excuse negligence on the part of the healthcare provider. If you've been harmed due to a surgical error, you deserve accountability and compensation for your pain.
What Constitutes Surgical Errors
A surgical error occurs when a healthcare provider makes a mistake during a surgical procedure that falls outside the accepted standard of care and harms the patient. While surgery inherently carries risks, errors that result from negligence on the part of the surgical team or healthcare provider are preventable and may be considered surgical malpractice.
Examples of situations that might constitute surgical errors include:
- Operating on the wrong part of the body, such as wrong-site surgery.
- Leaving instruments or foreign objects inside the patient.
- Performing surgery on the wrong patient.
- Administering incorrect doses of anesthesia or medications during the procedure.
- Failing to review a patient's medical history properly leads to avoidable complications.
- Delaying surgery resulted in a worsening condition.
Common Surgical Errors We See
At our Washington D.C. law office, we frequently handle cases involving preventable surgical mistakes. Here are some common errors during surgery that we encounter:
- Wrong-Site or Wrong-Patient Surgery: Performing surgery on the wrong side of the body or the wrong patient due to miscommunication or failure to verify information.
- Retained Surgical Items: Leaving sponges, instruments, or other objects inside the patient after surgery.
- Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor the patient's response during the procedure.
- Damage to Organs or Nerves: Accidental cuts, punctures, or damage caused by surgical tools or inattention.
- Unnecessary Procedures: Performing surgeries that were not required or recommended, leading to additional risks and complications.
Main Causes of Surgical Errors
Here are some common reasons why preventable surgical mistakes occur:
- Inadequate Preoperative Planning: Failing to review the patient's medical history or confirm critical details can result in missteps during surgery.
- Communication Failures: Miscommunication among the surgical team or between departments can lead to mistakes such as wrong-site surgery or incorrect procedures.
- Fatigue or Distraction: Long hours or lack of focus on the part of the surgeon or staff can impair judgment and lead to negligent medical care.
- Improper Training or Experience: A lack of skill or familiarity with certain procedures or equipment can increase the risk of errors.
- Defective Equipment or Instruments: Faulty tools or improperly maintained equipment can cause injuries or complications during the procedure.
Common Injuries Arising From Surgical Errors
In Washington, D.C., some of the most common injuries associated with surgical errors include:
- Infections: Poor sterilization practices or retained surgical items can lead to severe infections that require additional treatment or hospitalization.
- Internal Organ Damage: Unintentional cuts or punctures to organs during surgery can cause serious complications and may require further medical intervention.
- Nerve Damage: Mistakes made during the procedure can result in permanent loss of sensation or motor function.
- Scarring or Disfigurement: Surgical errors may lead to noticeable scars or physical deformities, affecting both appearance and quality of life.
- Chronic Pain: Some patients experience ongoing pain due to a surgical error, even after recovery.
- Anesthesia Complications: Improper administration of anesthesia can lead to brain damage, cardiovascular issues, or other serious side effects.
- Wrong-Site Surgery Injuries: Operating on the incorrect part of the body can result in unnecessary harm while leaving the original issue unaddressed.
Are you a victim of a surgical error in Washington D.C.? Contact us today for your initial consultation and experienced legal guidance.
Speak to a Surgical Error Attorney in Washington D.C. Today!
If you or a loved one has suffered due to a preventable surgical mistake, we understand how overwhelming and painful this experience can be.
Contact us today to schedule a free consultation. You can reach our injury lawyers by:
- Phone: Call us directly at 443-845-1456, and a member of our team will be happy to assist you.
- Online Form: Complete our easy-to-use online contact form with the details of your case, and we'll respond promptly.
- Email: Send your inquiries to [email protected] anytime, and we'll provide the support you need.
FAQs
What is considered a surgical error?
A surgical error is a preventable mistake during an operation that falls below the accepted standard of care, causing harm to the patient. Examples include wrong-site surgery, leaving tools inside the body, or causing nerve or organ damage. Such errors often result from negligence or poor preparation.
How much can you get for surgical negligence?
Compensation for surgical negligence depends on the severity of harm caused and may include medical expenses, lost wages, pain and suffering, and emotional distress. In some cases, punitive damages may be awarded for extreme negligence. Consulting our experienced attorney can help estimate the value of your claim.