When was the last time you made a mistake? Maybe you spelled something wrong in an email or added too much seasoning to a soup. These are two minor errors that can easily be corrected and won’t bring much disruption to your life.
Surgical errors, however, are a category of mistakes that can lead to pain, recovery complications, and, in extreme cases, death.
The consent form that you are obligated to sign is intended to provide information about the procedure and the inherent risks. You can accept those risks, but don’t have to accept surgical errors.
When those errors cause harm, you need to get an attorney who understands the parameters of medical malpractice involved to help you seek a remedy. The attorneys at Shrager, Sachs, & Blanco have proven on numerous occasions that they understand what is needed to prevail in these complex types of cases.
If you or someone you care about has an upcoming surgery, there are some proactive steps you can take to minimize the risk of surgical errors. Consider the following:
Before the Surgery
You might think that once you go into a hospital for a surgical procedure, you are powerless to control the outcome and rely on the professionalism of the medical staff. The vast majority of the 51.4 million surgical procedures performed each year, according to the Centers for Disease Control and Prevention (CDC), go off without complications.
If your surgery is elective, then you have time to prepare. On the day of the surgery, you should shower, wash your hair, and keep your face clear of makeup. This will help caregivers check blood circulation.
You also want to have a friend or family member drive you to the surgical center or hospital and be there to bring you home when you’re released.
Additionally, you should ask your surgeon and their staff the following questions:
- Are there prescription medications or over-the-counter drugs that you should be taking before the surgery to help with the procedure and recovery?
- Are there any medications you should stop taking, and when?
- What can you eat or drink before the surgery? What is the timeframe?
At the Hospital
As you are getting prepped for your surgical procedure, every new member of the staff who is administering any kind of medication or care should start by asking for your name and birthday.
That should correspond with the information on your hospital ID bracelet. You shouldn’t get frustrated when you’re asked those questions repeatedly. Those are good safeguards.
The staff will also remind you of the risks of your surgery and ask if you’ve talked to your doctor about all of this and if you have any questions. It will help to write down those questions as you think of them in the days leading up to your procedure.
This is also when you’ll be signing those consent forms. If you have any questions or don’t understand something on the form, you need to ask.
Before the Procedure
In the time before the procedure, you will also be repeatedly asked what kind of surgery you’re about to have and what part of the body is being operated on. Someone from the surgical team should mark the spot on your body that you’re being operated on. This is especially vital if you’re being operated on any bilateral areas, such as arms, feet, legs, or hips.
Sometimes, the marking occurs when you’re not awake. In that situation, a family member should be present to confirm that the marking is happening in the correct area.
You can also ask your surgeon if they are taking a “time out” before they begin the procedure.
It’s common for a surgeon to perform many of the same types of procedures on the same day. The time-out happens right before they begin your surgery, and it is one last opportunity to confirm the type of procedure, the patient, and the surgical area.
After the Surgery
When you wake up from your procedure, your recovery officially begins. That starts with pain management. You need to tell the doctor and nursing staff about any pain you’re experiencing.
You’ll probably be asked to rate it on a scale of 1 to 10. If you are provided new medications, you need to write down what they are and the dosage you’re given. You also need to ask about any possible side effects.
It is also important to ask about side effects from your anesthesia. If an anesthesia error was committed during the procedure, you might experience more adverse side effects in the recovery process. In addition to any medications, you should also ask about any intravenous (IV) fluids you are receiving.
You need to understand what to expect as you recover.
It is also important to be familiar with what to expect from any incision, dressing, and care.
These are the areas that are vulnerable to infection, starting at the hospital. If you’re not given proper instructions for the care of that incision, you could also develop an infection at home. That could bring you back to the hospital.
Finally, you must ask about your limitations during your recovery. Your doctor should provide written instructions that detail when you can resume normal activities, such as returning to work, exercising, or lifting heavy objects.
When Malpractice Happens
Some obvious surgical errors could be reported to you as you recover. However, there could also be complications that are unknown to your surgical team and only arise days after the procedure. In those instances, you will undoubtedly return to your surgeon to assess the problem.
However, there could be a situation where their negligence directly caused the problem, and you’re now dealing with a case of medical malpractice.
The attorneys at Shrager, Sachs, & Blanco are familiar with these types of cases, and we have worked diligently to help our clients find a fair remedy to make up for their financial losses and pain and suffering. The first step is to get answers.
If you suspect surgical errors have compromised your health, we want to hear from you.
