Surgical Error Lawyer in Atlanta
Fighting Medical Mistakes for over 30 Years
When you volunteer for or require a surgical procedure, you trust the doctor performing the operation to do it right. However, surgical errors are an unfortunately common occurrence in the United States—at least 4000 occur nationwide each year.
At The Mabrey Firm, P.C. we have spent the last three decades fighting against medical malpractice and other wrongdoing for clients throughout Georgia. If you have been injured due to a botched surgery, our Atlanta surgical error lawyer can help you file your claim and represent you throughout your case, even if it goes to trial.
We will stand up against the medical professional or institution who caused your injury and fight to get you the compensation you need to cover the damages you have suffered.
You may be able to sue for the following damages:
- Medical bills
- Lost income from missed work
- Loss of earning capacity
- Physical pain and mental anguish
Are All Surgical Errors Considered Malpractice?
Though you may be justifiably upset and angry following a botched medical procedure, not all surgical errors constitute medical malpractice. In order to file a lawsuit for a surgical error, the surgeon who performed your procedure must have failed to follow the standard of care medical professionals are taught to uphold, and their failure must have been the actual and proximate cause of your injury.
To be able to sue for medical malpractice, all of the following must have occurred:
- A doctor-patient relationship was established between you and the surgeon before the procedure began
- The surgeon was negligent in a way that a competent doctor of the same caliber would not have been
- The surgeon’s negligence directly caused you to suffer a preventable injury
- Your injury led to specific damages, such as expensive medical bills for follow up treatment
If you can prove these four things in a court of law, you have a viable surgical error lawsuit on your hands and can pursue compensation for the damages you suffered.
Common Types of Surgical Errors
Surgical errors can come in many forms, some more harmful than others. Here are a few of the most common:
- Administering the wrong dosage of medication
- Anesthesia errors, such as causing an allergic reaction or administering too much
- Injuring a patient’s nerve during surgery
- Leaving a piece of surgical equipment inside a patient after operating
- Operating on the wrong body part
- Operating on the wrong patient
- Operating on someone without their consent
- Failing to warn a patient about the risks associated with the surgery
Potential Causes of Surgical Errors
There is no one contributing factor to surgical errors. A mistake may occur for a myriad of reasons, from a lack of training to exhaustion on the part of the surgeon.
Let’s look at a few of the possibilities:
- Fatigue: Surgeons notoriously work long shifts, so exhaustion is a common cause of surgical errors.
- Incompetence: Your surgeon may have lacked the skills or experience to correctly perform your surgery.
- Insufficient planning: Accidents can happen if your surgeon doesn’t prepare for potential complications or ensure all the necessary equipment is ready and available when needed.
- Neglect: Your surgeon may have been careless, causing them to make an incision in the wrong place or forget to properly sanitize their surgical tools, for instance.
- Operating under the influence: Most surgeons are responsible enough not to use drugs or alcohol before surgery, but such cases have occurred—with devastating consequences.
- Poor communication: This can manifest in many ways, such as if your doctor fails to communicate to you the details of your surgery, skims your chart and gives you the wrong dosage of anesthesia, or mistakenly performs the wrong procedure.
Hire an Experienced Atlanta Surgical Error Attorney Today
At The Mabrey Firm, we focus exclusively on cases that have wrongfully injured Georgians in order to help them recover to the best of their ability. Founding attorney John G. Mabrey has represented clients in medical malpractice cases since 1990, so he is well-versed in how local laws and courts handle such matters.
We are diligent, tireless, and transparent, so you will never be left in the dark concerning the details of your case. We also have a proven track record of success—just check out our case results. If you’re still on the fence, we are happy to discuss your situation and answer your questions free of charge.