Surgical Errors Attorneys in Detroit, Michigan
Surgeons are some of the most trusted professionals we encounter. And yet, no matter how experienced or recommended a surgeon may be, they still have the potential to make mistakes. Unfortunately, any errors made during surgery can result in life-changing or even fatal injuries to those they’re depended on to care for.
If you or a loved one has suffered complications because of surgery in or near Detroit, Michigan, rely on our surgical error attorneys at Ratton Law Group PC. We are a family-owned law firm, and our lawyers have experience in the nursing field, empowering them to offer unparalleled insight and representation for medical malpractice cases. Let us help you seek a fair financial settlement that empowers you to maximize your recovery. Call our law firm today to get set up with a free consultation.
Medical Malpractice in Michigan
Medical malpractice refers to when an improper or neglectful action of a health care worker results in the injury or death of their patient. These cases are highly complex and should be handled by attorneys with extensive medical knowledge and/or industry experience.
Surgical errors are some of the most common medical negligence claims. Others include:
Failure to treat
Prescription drug errors
Known Risks vs. Surgical Errors
All medical procedures possess some element of risk. Doctors are required to fully inform their patients about the risks they face before undergoing surgery. It’s typical for patients to read and sign a form to show that they understand the risks involved with their specific operation. In doing so, they agree to move forward with the procedure. This process is called informed consent.
Surgical errors are not classified under known risks. By definition, surgical errors are preventable mistakes made during surgery. Their unexpected (and undesirable) nature makes it impossible to consent to them, which sets them apart from the known risks your doctor or surgeon will disclose to you before you decide to proceed with your surgery. The following are common examples of surgical errors:
Performing the wrong surgery
Performing an incision at the wrong location
Leaving surgical objects inside of someone
Injuring a nerve
Operating on the wrong side of the body
Operating on the wrong patient
Ideally, these mistakes never happen. But, if they do happen, it’s often because of insufficient preoperative planning or poor communication between team members conducting the surgery. Surgeons are also known to work long hours, so fatigue is another common reason for surgical errors. No matter what the underlying cause for your surgery injury may be, our former-nurse attorneys are ready to investigate your case and walk you through your options for pursuing recovery.
Statute of Limitations
The statute of limitation for filing a medical malpractice lawsuit in Michigan is generally two years. So, if you’re looking to file a claim to recover damages or losses due to your surgical error injuries, you have until two years after the date your surgery took place.
However, complications from surgery mistakes have the potential to arise after that two-year timeframe closes. In those cases, plaintiffs must file their claim within six months of when they discovered their ailment. Further exemptions apply to minor children and other case types. Needless to say, statutes of limitations are one of the many complexities you run into while pursuing compensation for a surgical error claim. Receive guidance from a knowledgeable medical malpractice attorney when you work with us at Ratton Law Group PC.
Basic Elements of a Claim
When creating a surgical error claim, this is the framework to follow:
There was a doctor-patient relationship. Proving this establishes that there was a duty of care to the patient.
The doctor was negligent. Proving this establishes that there was a breach of their duty.
The negligence/breach of duty led to the injury.
The injury caused damages.
Accurately pinpointing these elements will help increase victims’ chances of recovering damages for their economic and noneconomic losses. When you partner with us, our medical malpractice attorneys will do everything possible to settle your claim outside of court. We understand that our clients are going through a lot, so we will leave no stone unturned when investigating your case and defending your claim.
Surgical Error Attorneys in Detroit, Michigan
Our personal injury attorneys strive to help others who have gone through unexpected and life-changing challenges. We have nursing and legal backgrounds, as well as first-hand experience in recovering from serious accident injuries. When you’re looking for an aggressive yet compassionate advocate after suffering complications from surgery, look no further than our team at Ratton Law Group PC. We can provide you with trusted counsel during life’s most difficult moments. Call our office in Detroit, Michigan, to set up your free case consultation today.