What Should I Do If a Doctor Makes a Mistake During Surgery?

What Should I Do If a Doctor Makes a Mistake During Surgery?
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You have had the same medical problem for a long time, and you know the only thing that will fix it is surgery. You save your money and take time off of work to get this done. You have decided to do it because you feel that it will make your life better in the long run. Unfortunately, the doctor makes a mistake during the operation, which ends up making your life infinitely worse. You may be permanently injured, or you may need to have yet another surgery.

There will never be a way for a doctor who injured you to fully compensate you for your loss of quality of life. However, according to medical malpractice lawyers Ogg, Murphy & Perkosky, you can sue a doctor who has injured you during surgery.

Some states put a limit on the amount of money for which you can sue a doctor. The state of Pennsylvania has no such law. Although you were once limited to filing a lawsuit within the county where a medical procedure was performed, you can now sue a doctor in any of Pennsylvania’s counties.

When you visit a personal injury attorney’s office to discuss your case, the injury attorney will want to make sure that your case is valid and not frivolous. There are certain documents you should bring to the meeting with your attorney to help convince them to take your case.

Bring a copy of your medical bills and the medical report that the doctor wrote before you had surgery. You should also bring any medical bills you have had since your surgery that would establish you were injured during the procedure. This may include x-rays, or even a report from another doctor.

A personal injury law office should research the type of medical procedure you had to establish how it is supposed to be done and what the risks are. They will investigate the doctor themselves to see if they have ever been sued for a similar injury. If a law firm can establish that a doctor did not act with reasonable care, they may advise you to file a medical malpractice claim or lawsuit.

Do You Sue The Doctor or The Hospital?

Figuring out who to sue in a medical malpractice case can be tricky. In some cases, the doctor will be a direct employee of the hospital. If this is true, you would sue the hospital. There is a rule in law called Respondeat Superior, which means, “Let the master answer.” Hence, the employer is responsible for the doctor’s actions.

In other cases, the doctor will be an employee of a medical group. You would sue the medical group due to the same rule. In most cases, a doctor will be an independent contractor, and you will sue them directly. If one of the doctor’s employees who operated on you made a mistake that injured you, you would still sue the doctor.

What to Look For in An Attorney

The attorney you select should specialize in medical malpractice law in the state of Pennsylvania. Look for somebody who has taken cases very similar to yours in the past. Choose a well-established law firm with a great reputation. Remember to ask for references when you talk to them.

Be sure to ask the attorney if you will be billed on a contingency basis or if they will bill you on an hourly basis. Most personal injury attorneys will bill you on a contingency basis. The average attorney in Pennsylvania takes 35% to 40% of the lawsuit reward if the lawsuit is successful. If they are unsuccessful, you will not be charged the contingency fee. However, you may get a bill for clerical expenses and any expert witnesses who testified.

There’s nothing worse than getting injured by a physician. The person who is supposed to heal you has hurt you instead. If you choose a great lawyer, you can get compensation for your injuries and send a powerful message to doctors that they should perform their jobs with care.


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Anna Daniels

Anna is an avid blogger with an educational background in medicine and mental health. She is a generalist with many other interests including nutrition, women's health, astronomy and photography. In her free time from work and writing, Anna enjoys nature walks, reading, and listening to jazz and classical music.

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