At Coltrane & Messersmith, we are committed to fighting for the compensation you deserve. With over a decade of experience, we stand up to insurance companies and hold negligent parties accountable.
Holding Negligent Medical Professionals in Virginia Accountable
Medical professionals are entrusted with the responsibility to provide care that meets established standards. However, when a doctor, nurse, or other healthcare provider fails in this duty, the consequences can be devastating. Whether it's a surgical error, a misdiagnosis, or negligence in a nursing home, these mistakes can lead to serious injury, lifelong complications, or even death.
At Coltrane & Messersmith, we are dedicated to holding negligent medical professionals in Virginia accountable for their actions. Our experienced legal team has successfully represented clients throughout the state, ensuring they receive the justice and compensation they deserve. From complex surgical errors to preventable medication mistakes, we stand up to medical institutions to protect your rights and secure your future.
Types of Surgical Errors
Surgical errors are a significant cause of medical malpractice injuries, often leading to severe complications, long-term health issues, or even death.
Some of the most common surgical errors include:
- Wrong-Site Surgery: Operating on the incorrect part of the body, which can result in unnecessary procedures and additional harm.
- Leaving Foreign Objects: Surgical instruments or sponges left inside a patient can cause infections, pain, and the need for further surgery.
- Wrong Patient Surgery: Performing surgery on the wrong individual due to identification errors.
- Nerve Damage: Accidental injury to nerves during surgery can lead to permanent loss of function or chronic pain.
- Anesthesia Errors: Incorrect dosages or failure to monitor the patient properly can result in severe complications, including brain damage or death.
While some risks are inherent in any surgical procedure, errors that stem from negligence, miscommunication, or inadequate preparation are particularly concerning. These preventable mistakes not only cause physical harm but also emotional and financial distress for the patients and their families.
Causes of Surgical Errors
Understanding the causes behind these mistakes is essential in identifying preventable risks and holding responsible parties accountable.
Common causes of surgical errors include:
- Inadequate Preoperative Planning: When medical staff fail to thoroughly review a patient’s medical history, including allergies, reactions to medications, or other risk factors, the chances of errors increase significantly. Inadequate planning can also lead to mistakes during surgery, such as incorrect incisions.
- Miscommunication: Errors can occur when there is a breakdown in communication, such as marking the wrong surgical site, misidentifying the patient, or conveying incorrect information about the procedure or patient’s condition.
- Fatigued or Impaired Medical Staff: Surgeons and other medical professionals often work long hours, which can result in fatigue and impaired judgment. Exhausted or overworked staff are more likely to make errors, from mishandling instruments to making critical mistakes in decision-making during surgery.
- Neglect: Negligence in the operating room, such as failing to sterilize equipment properly or using defective surgical instruments, can lead to severe complications like infections or septic shock.
- Incompetence: Despite years of training, not all surgeons possess the necessary skills or up-to-date knowledge to perform certain procedures. In some cases, a surgeon may lack experience with a specific surgery, or they may not be familiar with the latest medical advancements, leading to errors that could have been avoided with more competent care.
These causes highlight the importance of rigorous standards and vigilant practices in surgical environments. When these standards are not met, patients are put at unnecessary risk, and the consequences can be life-altering. Recognizing the root causes of surgical errors is a critical step in preventing them and ensuring that patients receive the safe, competent care they deserve.
Consequences of Surgical Errors
The consequences of surgical errors are profound, affecting victims on multiple levels. Physically, such errors can lead to severe complications, including infections, chronic pain, or permanent disability, often necessitating further surgeries and ongoing medical care. Emotionally, patients may experience significant distress, including anxiety, depression, and a deep mistrust of the healthcare system, which can hinder their overall well-being and recovery. Financially, the burden can be overwhelming, with substantial medical expenses for additional treatments, lost income due to an inability to work, and long-term financial instability. These ripple effects underscore the profound and lasting impact that surgical errors can have on individuals and their families.
What Legal Grounds Are Needed For a Surgical Error Claim
To establish a medical malpractice claim for surgical errors, four key elements must be proven: duty, breach, causation, and damages. First, it must be shown that the surgeon owed a duty of care to the patient, which is typically established through the doctor-patient relationship. Next, you need to demonstrate that this duty was breached—meaning the surgeon's actions deviated from accepted standards of care. For example, errors such as operating on the wrong site or leaving foreign objects inside the patient must be proven. Causation involves linking the breach directly to the patient's injury, showing that the error caused the harm. Finally, damages must be proven, including physical pain, emotional distress, and financial losses like medical expenses and lost wages.
Building a strong case involves gathering substantial evidence. Medical records are crucial as they provide documentation of the surgical procedures and potential errors. Expert testimony from medical professionals is also essential, as it helps establish the standard of care and causation. These experts can testify to how the surgeon’s actions deviated from acceptable practices and contributed to the patient's injuries. Given the complexity of surgical error cases, thorough investigation and evidence collection are critical to proving negligence and securing the compensation you deserve.
Why Choose Coltrane & Messersmith
At Coltrane & Messersmith, we bring over a decade of experience in handling complex surgical error cases with a proven track record of success. You should never have to pay out of pocket for someone else’s wrongdoing, and our personal injury lawyers are committed to securing the largest settlement or verdict possible on your behalf.
We offer personalized attention and are dedicated to advocating fiercely for your rights, both in and out of the courtroom. Our aggressive approach ensures that we challenge insurance companies and medical institutions that are unwilling to provide fair compensation. We handle cases on a contingency fee basis, meaning you pay no fees unless we win, giving you peace of mind while we fight for justice.
If you’ve been injured in Newport News, Hampton, or the Hampton Roads area, contact us today for a free, no-obligation consultation. Visit us online or by calling (757) 223-4455 to discuss your legal options. Let us use our expertise and commitment to secure the financial justice you deserve.
