Settle for Nothing Less than the Best

Doctors are obligated to warn you of the risks associated with any procedure, advise you of the benefits and talk to you about alternative treatments. You must then make an educated decision to consent-based on that information. If the information was insufficient, you may have a claim.

You trust that your doctor has the requisite skill to perform a procedure, but this isn't always the case. You may have a claim if a resident was allowed to operate without supervision, a doctor performs a procedure they have never tried before or performs a procedure that requires specialized training.

From diagnosis to outpatient treatment, surgery requires communication. All pertinent information needs to be included in the medical documentation, all necessary equipment needs to be in the operating room and postoperative care instructions must be accurate and followed appropriately. Any miscommunication could result in a wrong-site surgery, improperly administered medication and other mistakes.

There are strict procedures in place to help avoid surgical errors, like leaving a sponge in a patient because the staff did not count and recount the number of sponges both before and after the procedure.

Those who work in a hospital often work long hours and have unpredictable schedules. Operating with little or no sleep is as dangerous as operating while impaired by drugs or alcohol, and both can lead to mistakes such as nicking an artery.

In other cases, medical professionals may simply be neglectful in their duties. They might have the proper training, education, skill and sleep, but surgeons commit malpractice when they cut corners or fail to uphold the minimum standard of care their job requires.