A prevalent problem with failing to follow proper preoperative planning is the danger of wrong-site surgeries. Medical professionals are required to meticulously plan for surgery. When they don’t, they run the risk of breaching their expected duty of care and performing an incorrect surgical procedure. While this mistake is almost always the fault of medical professionals, it can vary in its specific causes. Most commonly, it occurs when doctors misunderstand the symptom reports of patients, when nurses mislabel parts of the body in preparation for surgery, or when a surgeon is not giving their work the attention it demands.
If you or a family member have been affected by an incorrect surgical procedure, we want to hold the team accountable and bring your case to justice. Nobody deserves to suffer because of the preventable, reckless actions of a professional healthcare provider. Contact a Houston, Texas wrong-site surgery lawyer from Davis & Davis today so that we can help you secure the compensation and accountability you deserve.
A Houston Wrong-Site Surgery Lawyer Can Help
Davis & Davis is a law firm dedicated to helping those who’ve been wronged by medical professionals, such as surgeons. One of the most common types of surgical errors is wrong-site surgery. These cases require the meticulous attention of a Harris County, Texas medical malpractice lawyer–not just any personal injury attorney. Fortunately, you’re in the right place. We can use our decades of experience in the field to help with the following aspects of your case:
Collect and Assess Evidence
When you have been incorrectly operated on, the negligence is abundantly clear: you were owed a duty of care, and that care was breached when your doctor performed a blatantly incorrect surgical procedure. By nature of the error, a link between the negligence and your damages is formed, and the team of medical professionals can be held accountable for their negligent actions. When it comes to demonstrating this negligence and clearly establishing liability, evidence, such as medical reports, can be used.
Medical experts may also be brought in and used to thoroughly explain how a result like this may have occurred and what the expected side effects may be. Being operated on incorrectly or unnecessarily can cause physical and emotional trauma, and a medical expert can help precisely break this down for the court.
Adhere to State Regulations
The current statute of limitations in the state of Texas for filing medical malpractice is two years after the date of the incident. For those who have experienced a wrong-site surgical error, it is easy to lose track of time and have that deadline approach rapidly. To ensure you do not miss your opportunity to file a claim, your Houston wrong-site surgery lawyer will handle all of the required paperwork and filing, with special consideration to the deadlines and other state regulations.
Damages Available for Wrong-Site Surgery Malpractice
The tragedy of a wrong surgery is something we cannot undo. We know this. We do, however, feel it is our mission to try to prevent these mistakes in the future while helping families heal. We are ready to take our decades of experience to help you recover what you are entitled to if you have been injured due to:
- Surgery on the wrong side of the body
- Operating on the wrong site
- Surgery on the wrong patient
- Using the incorrect procedure
The aftermath of a wrong-site surgery can include multiple procedures to reverse the incorrect surgery and lots of emotional and physical turmoil. Your Houston wrong-site surgery lawyer will consider all of this when fighting for your damages and will work diligently to get you a settlement that adequately covers your losses.
This may include economic damages, which will cover the cost of tangible losses, like medical bills, the cost of prescription medications, and any lost wages due to missed work. This also includes non-economic damages, which is compensation for losses that are not so easily measured, like endured pain, suffering, depression, anxiety, and other anxiety-related disorders, like PTSD. There is currently a cap on non-economic damages awarded for medical malpractice claims in Texas at $250,000. There is no cap for economic damages.
Contact a Texas Surgical Malpractice Lawyer
If you or a loved one has been injured due to wrong-site surgery at a Texas hospital, contact an experienced Houston, Texas wrong-site surgery lawyer from Davis & Davis today for a free consultation. We believe in a people-first approach to medical malpractice claims, meaning you have a compassionate attorney by your side every step of the process, from the initial consultation to the final settlement.
We understand the inherent complexity and sensitivity of medical malpractice claims and possess the qualifications to get you the results you are looking for. To get the process started today with a free case evaluation, make sure to fill out our contact form or call our office at (888) 522-9444. Davis & Davis proudly accepts referrals from Texas attorneys and law firms nationwide.