Facing the aftermath of a surgical mistake is a harrowing experience. Unfortunately, in the bustling city of Houston, where medical facilities abound, such errors happen far more often than they should.
While seeking medical treatment, nobody anticipates the possibility of something going wrong during a procedure. However, when it does, understanding your rights is crucial, so you can seek justice and proper compensation.
Read on to learn more about surgical errors and how affected patients can assert their rights in the aftermath.
Types of Surgical Errors
Surgical errors can take various forms, including:
- Wrong-site surgery: When the procedure is performed on the wrong part of the body.
- Wrong-patient surgery: When a surgery intended for one patient is performed on another.
- Surgical instrument or foreign object left behind: This can lead to severe complications.
- Nerve or organ damage: Accidental damage to nerves or organs during surgery.
- Anesthesia errors: Administering too much or too little anesthesia can be life-threatening.
Your Right to Informed Consent
In the realm of medical procedures, informed consent is fundamental. This means that your surgeon is obligated to explain the procedure, its potential risks, and any alternative treatments before you agree to it. If you were not adequately informed or you were coerced into the surgery without understanding the risks, you may have grounds for a medical malpractice claim.
Your Other Rights If an Error Did, in Fact, Occur
In Texas, as in other states, you have rights when it comes to surgical mistakes:
1. The Right to Compensation
If you've suffered harm due to a surgical error, you have the right to seek compensation for your medical expenses, lost income, pain and suffering, and other damages.
2. The Right to Legal Representation
While you’re entitled to represent yourself, consulting an experienced personal injury attorney in Houston is advisable. They can assess the details of your case and provide guidance on how to proceed.
3. The Right to a Fair Investigation
You have the right to expect a thorough and unbiased investigation into the incident. This helps establish liability and holds responsible parties accountable.
4. The Right to File a Lawsuit
If negligence or medical malpractice is confirmed, you may have grounds to file a lawsuit against the responsible parties, which can include the surgeon, the hospital, or the medical staff involved.
While it may be difficult to contemplate legal action during such a trying time, pursuing a medical malpractice claim can help you recover the compensation needed for ongoing medical treatment, rehabilitation, and to ease the emotional distress caused by the surgical error.
Discuss Your Case with a Medical Malpractice Attorney in Houston
Understanding your rights after a surgical mistake is the first step toward seeking justice and compensation. Thankfully, you don't have to navigate this challenging journey alone. Chelsie King Garza, P.C. is here to support you.
If you or a loved one has been a victim of a surgical mistake, call 713-893-8808 or fill out her Contact Form for a free consultation. This Houston medical malpractice lawyer will stand by your side, providing expert guidance and compassionate support every step of the way.