Surgery is meant to make you better, not worse. But when something goes wrong in the operating room, the results can be devastating. If you or a loved one suffered due to a mistake during surgery, you need a Richmond surgical error lawyer who understands the law and is ready to fight for you.
At Marks & Harrison, we help victims hold negligent medical providers accountable. Our results speak for themselves, while our clients praise our team of 30 personal injury attorneys and over 100 support personnel. Contact us today to discuss your legal rights in a free consultation with an experienced medical malpractice lawyer.
How Do Surgical Errors Happen?
Mistakes during surgery can occur for many reasons. Fatigue, miscommunication, and lack of preparation are common issues that lead to serious harm. Sometimes, a doctor rushes through a procedure or fails to properly review a patient’s medical history. In other cases, problems arise due to poor training or hospital staff shortages. No matter the cause, patients should never suffer because of negligence in the operating room.
What Are Some Examples of Surgical Errors?
A surgical mistake can take many forms. Some of the most common ones our law firms see include:
- Administering the wrong amount of anesthesia
- Causing nerve or organ damage
- Failing to control bleeding properly
- Leaving surgical instruments inside the patient
- Not following proper sterilization procedures
- Operating on the wrong body part
- Performing the wrong procedure.
When these errors happen, the impact can be life-altering. A patient may require additional surgeries, suffer from long-term disabilities, or even lose their life due to a preventable mistake.
What Is a Serious Reportable Event?
A serious reportable event is a medical mistake that should never happen in a hospital setting. These incidents are also known as “never events” because they are entirely preventable with proper care. Surgical errors such as operating on the wrong person, performing the wrong surgery, or leaving a foreign object inside a patient fall into this category. If you experienced a serious surgical mistake, you have the right to pursue a surgical error lawsuit against those responsible.
Are Surgical Errors Considered Medical Malpractice?
Yes. When a surgeon, anesthesiologist, or other medical professional makes a mistake that harms a patient, it may be considered medical malpractice. To qualify as malpractice, the error must have resulted from incompetence, carelessness, or failure to follow standard procedures. If a doctor’s actions fall below the accepted level of care and cause injury, they may be held responsible for the harm they caused.
What Is Necessary to Prove Medical Malpractice in a Surgical Error Case?
To hold a healthcare provider accountable, you must prove all four of the following elements:
- A doctor-patient relationship existed.
- The provider failed to meet the standard of care.
- Their actions directly caused harm.
- You suffered significant injuries or losses as a result.
These cases require expert testimony and strong medical evidence. At Marks & Harrison, our team of lawyers has the knowledge and resources to build a solid case on your behalf.
Who Can Be Held at Fault for a Richmond Surgical Error?
Several parties may share responsibility for a surgical mistake, including the surgeon, the anesthesiologist, and the nurses who assisted during the procedure. In some cases, the hospital or surgical center may also share responsibility.
If faulty medical equipment played a role, the manufacturer could also be held accountable. Our legal team carefully investigates every detail to determine who is at fault and works to hold those parties responsible for their actions.
Can You Seek Compensation for the Surgical Error?
Yes. If you are hurt due to a surgical mistake or other medical errors, you may be able to recover money for the following:
- Medical bills for additional treatment or corrective surgeries
- Lost wages if you cannot work
- Pain and suffering caused by the injury
- Emotional distress.
Pursuing a surgical error claim can help you get the financial support you need while holding the responsible parties accountable.
Does Virginia Have Any Caps on Compensation for a Medical Malpractice Claim?
Virginia limits the amount of money a patient can recover in a medical malpractice case. The cap applies to both economic and non-economic losses. The limit increases each year and is based on when the injury occurred. Cap limits now and in coming years include:
- July 1, 2024-June 30, 2025 – $2.65 million
- July 1, 2025-June 30, 2026 – $2.70 million
- July 1, 2026-June 30, 2027 – $2.75 million.
This cap will continue to rise until it reaches $3 million in 2031.
Virginia has a limit on punitive damages. This cap is meant to punish extreme misconduct rather than compensate the victim. Punitive damages in Virginia are capped at $350,000, no matter how severe the mistake may be.
What Is the Statute of Limitations in Virginia for Filing a Surgical Error Lawsuit?
Virginia law sets strict deadlines for filing a medical malpractice lawsuit, which gives a patient two years from the date the medical malpractice occurs involving a surgical error to file a medical negligence claim. However, exceptions exist. For example, if a medical professional leaves a foreign object inside the body, the time limit for a medical malpractice victim may not begin until the object is discovered.
Because these deadlines are crucial, it is important to speak with a Richmond medical malpractice attorney as soon as possible following surgical malpractice. Missing the filing deadline could mean losing your right to seek compensation for your medical treatment, lost wages, and physical and emotional pain.
Contact a Richmond Medical Malpractice Lawyer
If you or a loved one suffered due to a surgical error, you deserve answers — and justice. At Marks & Harrison, we have been fighting for victims of medical negligence for over a century. Our team has recovered millions for injured clients and built a strong reputation for success.
We serve individuals and families in Virginia, Maryland, and Washington DC, and we have a proven track record in some of the largest cases in Virginia history. With 30 skilled personal injury attorneys, over 100 support staff, in-house investigators, and former insurance defense lawyers on our team, we have the resources and experience to take on complex cases.
We know how overwhelming this time can be, and we are here to help you pursue the compensation you deserve. Contact us today to discuss your case in a free consultation. We are ready to listen, guide you through the process, and fight for your rights.
