Surgical errors, while rare in Houston, are often tragic for patients and their families. Surgical errors can occur in any surgery, no matter how routine. But when a surgeon makes a critical error by performing a procedure without patient consent, a medical malpractice lawsuit can allow a victim to hold that provider accountable.
One woman has recently filed a lawsuit against her surgeon claiming he made a surgical mistake during a routine procedure. While in surgery to remove uterine fibroids, the surgeon also removed one of her ovaries without the patient’s consent. The patient is suing her surgeon for her past and future mental anguish, medical expenses and impairment.
When a medical provider makes a decision that is completely reckless, gross negligence charges may be brought against the doctor. Gross negligence happens when a doctor makes a reckless mistake, such as cutting off the wrong limb, or in the above case, removing an ovary without the patient’s consent. Lack of informed consent to a procedure may also lead to battery charges against the doctor performing the procedure. If a patient does not receive information regarding a procedure and something is done during the procedure to which the patient did not consent, the doctor or provider may be pursued for damages via a medical malpractice lawsuit.
Houston patients and their families who have suffered from a medical mistake, surgical error or had a procedure conducted despite a lack of informed consent may wish to consult a legal professional. A legal professional who specializes in medical malpractice cases can determine whether malpractice occurred and can guide families through the legal system as they seek to obtain compensation for their losses.
Source: The Southeast Texas Record, “Plaintiff seeks to compel expert reports in med-mal over ovary removal,” David Yates, June 3, 2013
EXPERTLY REVIEWED BY
John A. Davis, Jr. and Steven R. Davis
August 4 2023
Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.
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