Maryland Surgical Error Lawyers: When Does a Surgical Complication Become Malpractice?

Surgery is complicated, no matter how large or small a procedure may be. There are always risks inherent in surgery. Sometimes complications just happen naturally, due to the age, health, or condition of the patient. However, sometimes complications happen because a doctor or other professional doesn’t do his or her job correctly. When this happens, we call it medical malpractice.

How do we know when it’s malpractice and not just a surgical complication?

The burden of proof in a medical malpractice claim lies with the plaintiff. The plaintiff must prove:

  • That the doctor owed you a duty of care
  • That the duty of care was breached
  • That the breach caused injury
  • That the breach resulted in damages

Here are a few examples of medical malpractice:

  • Surgery on the wrong body part. The wrong organ is removed, or the wrong side is operated on.
  • Foreign object left behind. A medical instrument is left behind in the patient’s body, causing lasting and significant injury.
  • Unsanitary equipment. Improperly sanitized equipment causes life-threatening infection.
  • Anesthesia errors. Improper dosing, wrong medication, or a form to which the patient is allergic can cause brain damage and sometimes death.

If you were injured in a case of medical malpractice, talk to an experienced and compassionate Maryland surgical error lawyer at LeViness, Tolzman & Hamilton, P.A. today.