Surgical Error Lawyers

Medical Malpractice

Surgical Error Lawyers

Medical Malpractice Law

Every type of surgery carries some inherent risks. For example, a patient may have an adverse reaction to the anesthesia during the operation, the patient may develop a complication during the recovery. Not all problems stemming from surgery are necessarily caused by the negligence or incompetence of the surgical team.

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An estimated 4,000 times per year in the U.S., surgical teams commit errors that are preventable

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 26% of medical malpractice claims are related to failure to diagnose; 24% of claims relate to surgery, 28.5% of claims relate to improper treatment.

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A recent stud shows there are approximately 250,000 patient deaths related to medical malpractice each year.  

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Medical Malpractice Lawyers

Did you know?

An estimated 4,000 times per year in the U.S., surgical teams do commit errors that are preventable and should never have occurred. Some of these surgical errors can cause catastrophic or even deadly results.

For victims of medical malpractice, there may be potential for legal recourse. A surgical error lawyer can help families recover compensation for their damages, including medical expenses, lost wages, and pain and suffering.

Common Types of Surgical Errors

A surgical error can refer to any type of mistake made during surgery that was preventable. It may be committed by the surgeon or any member of the surgical team, including the anesthesiologist. There is a wide range of surgical errors that can occur, such as inflicting nerve damage or nicking a blood vessel.

The surgical malpractice attorneys at Rutter Mills work with patients who have suffered the following types of surgical errors:

  • Wrong site surgery: When the operation is performed on the wrong body part. For example, a patient who needed the right foot amputated has the left foot amputated instead.
  • Wrong patient: When the surgeon performs the right surgery, but on the wrong patient.
  • Abandoned surgical tools: When the surgical team leaves surgical instruments inside the body. This is surprisingly common, and not all hospitals require surgical teams to count instruments before and after the surgery. Abandoned tools can include sponges and gauze.
  • Internal organ damage: When a nearby organ is perforated by a surgical instrument. This can lead to lasting health complications.
  • Nerve damage: When nerves are injured either because a surgical instrument nicks them or because the anesthesiologist incorrectly administers medications.
  • Infection: Not all surgical errors are immediately evident. An infection can cause symptoms days later. Infections can be caused by contamination of improperly sterilized surgical instruments.

In a surgical error case, the plaintiff’s lawyer must prove that the four elements of medical malpractice are present. These elements are:

  • Duty of care: The surgeon owed a duty of care to the patient. This is evidenced by the existence of a doctor-patient relationship.
  • Breach of duty: The surgeon breached the duty of care to the patient.
  • Damages: The patient suffered physical or mental harm, which may include a new injury or the worsening of an existing injury.
  • Causation: The surgeon’s breach of duty directly led to the patient’s damages.

Injured patients who consult a surgery malpractice lawyer at Rutter Mills can rest assured knowing their case will be thoroughly analyzed and meticulously prepared. Surgical error lawyers take a results-oriented approach to gathering evidence, which typically includes medical records and other relevant documentation. While researching and preparing a case, attorneys may uncover potential contributing factors to the surgical error. These can include any of the following:

  • Insufficient planning: While some surgeries use the same techniques, no two surgeries are totally alike. It’s vital that surgeons take the time to meticulously plan each procedure.
  • Faulty process: Surgeons don’t always follow the same steps of a surgery. Sometimes, a surgeon may decide that a particular step is unnecessary and skip it, potentially leading to complications.
  • Incompetence: The experience of the surgical team matters. A surgeon who hasn’t performed a particular procedure many times is more likely to make mistakes than a surgeon who has done that specific operation hundreds or even thousands of times.
  • Under the influence: It seems shocking to think that a medical professional would ever practice medicine under the influence of drugs or alcohol, but it does happen.

Your medical malpractice lawyer will consider all the possibilities and pursue all leads to uncover the truth about what happened to you.

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PROTECTING YOUR RIGHTS

Schedule a consult with a surgery malpractice lawyer today

The surgical malpractice attorneys at Rutter Mills are known for taking on complicated, tough cases involving serious injuries. Each surgical error case we take on is backed by the full resources of our well-established law firm. For more than 60 years, clients have chosen our law firm because insurance companies understand that the Rutter Mills team won’t back down. Call us today to schedule a free consultation with a medical malpractice attorney. We are conveniently located in Norfolk and Newport News, Virginia.

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A Rutter Mills case is a serious case. It may mean you have been badly injured. It certainly means you have a lot on the line, and the resolution of your case will make a big difference to you, your family, and your life moving forward.

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At Rutter Mills,
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Rutter Mills Law Firm

Personal Injury

We are here for you in your time of need, providing compassionate guidance and aggressive advocacy in a wide range of personal injury matters. Our top-rated attorneys will fight the insurance companies and get you back on your feet.

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We’re here to listen. A member of our team will meet with you, focusing on not only what happened, but also what you are going through and how it’s impacted your life. Then we’ll tell you what options are available to you to get on the road to recovery.

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Personal injuries that happen when you’re working – or playing – on the water aren’t governed by “the law of the land.” They are subject to maritime laws under the Jones Act– also known as admiralty law.

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Truck accidents are often serious. We are here to listen to your story so we can guide you to healing. Our team has represented some of the largest truck accident cases in Virginia. Call us and see how we can help you today.

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If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.

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We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

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Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

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A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

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I came to Rutter Mills during one of the most difficult and terrifying times in my life. Mr. Young and his assistant Kathy Saunders were so welcoming and understanding. They worked diligently to handle my case. It is by no means a quick and easy process, however these two make the wait worth it. I hope you never find yourself in my shoes but if you do I highly recommend these two to help you along your process.

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Attorney Dan Delalla and Team were awesome!! Nateisha stayed in constant contact l. They explained the process step by step. To top it off we had a family member to pass in a car wreck by a drunk driver during this time the team thought enough to send flowers. I highly recommend Rutter Mills

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