When Surgical Errors Harm Patients, We Take Action
Surgical errors are a patient’s worst nightmare. During a surgery, you are not awake or aware, and things are being done to you that you may not understand or have agreed to.
If an error occurred during your recent surgery and you believe it was caused by someone’s negligence, Heck & Stiffler, Ltd., can help. The experienced lawyers in our Mansfield offices provide free case evaluations on medical malpractice cases, and we handle such cases on a contingency fee basis – you pay no attorneys’ fees at all for your case unless we win compensation for you.
Types Of Surgical Errors
There are many kinds of surgical errors such as:
- Contamination
- Wrong site surgery
- Improper administration of anesthetics or blood products
- Failure to cool instruments or follow protocols
- Instruments left behind in body such as sponges or surgical tools
In some cases, the error may cause little or no damage to the patient, but in other instances, the consequences can be life-altering. We are prepared to fight for the compensation you deserve when you endure injuries because of a surgeon’s errors.
Strong Advocates Who Know The Law And The Insurance Industry
Attorney Jeff Heck has over 35 years of trial experience in Ohio, and has previously represented both plaintiffs (malpractice victims) and defendants (doctors and insurance carriers) in medical malpractice and personal injury cases. His ability to understand both sides of these claims enables him and his team to develop sophisticated and effective legal strategies for our current clients – those who have been injured by these mistakes.
Frequently Asked Questions About Surgical Error Claims
Surgery is supposed to heal – not harm. When someone has suffered extensive injuries due to a botched surgical procedure, it is only natural to have questions. Here are some we hear most frequently:
How can I prove that a surgical error occurred during my procedure?
Generally speaking, you have to show that the surgeon failed to provide an acceptable standard of care expected of a competent surgeon under similar operating conditions. This usually involves key documentation such as medical records, imaging, surgical notes, pathology reports, witness depositions and expert medical testimony. An experienced surgical malpractice attorney understands the steps to take to show what went wrong and how your injuries could have been avoided.
What should I do if I suspect a surgical error has occurred?
Start by seeking additional medical care right away to protect your health and minimize the damage. Keep a detailed journal of your symptoms, pain levels, limitations and subsequent treatments that you receive. Do not communicate directly with the surgeon, hospital or insurance company involved in the error any more than possible – and do not sign any waivers until you have spoken to an experienced surgical malpractice attorney.
How long do I have to file a claim for a surgical error in Ohio?
Typically, you have one year from the date you discover (or could have reasonably been expected to discover) your injuries. In any case, there is an “absolute” four-year limit from the date of the surgical procedure to file a claim, no matter when the injury was discovered – although some nuanced exceptions exist to that rule, especially in cases involving fraud and minors. Speak to a medical malpractice attorney as soon as you suspect that you have been the victim of a surgical error to best protect your interests.
What is the process for filing a surgical error lawsuit?
Once your medical malpractice attorney gathers evidence and determines you have a valid claim, Ohio law mandates that an “affidavit of merit” be obtained before a lawsuit can be filed. This is essentially a sworn statement from a qualified medical professional of their belief that your surgeon violated the applicable standard of care, causing your injuries. This requirement is an extra step that can take some time, which is why it is so essential to seek legal guidance right away.
Compassionate With Clients, Fearless With Opponents
Because we know that a surgical error can turn your life upside down, Heck & Stiffler, Ltd., will do everything in our power to make the claims and case process as easy as possible for you.
If you or a loved one has been injured by a surgical error, contact us online or call us today at .