Surgical operations are sometimes the best treatment option for people with a range of different medical challenges. For example, surgery can help those with joint issues as surgeons can either correct damage to connective tissue or replace the joint itself in some cases. Surgery can help remove cancer or reconstruct damaged tissue.
Typically, patients expect to undergo a procedure, follow aftercare instructions and then reap the benefits of the operation after they recover. Unfortunately, not all surgeries have the optimal outcome that patients hope for when they agree to the procedure. Sometimes a second surgery is necessary.
Revision procedures can correct damage caused by a first surgery or redo what an initial surgery was supposed to achieve for the patient. In some scenarios, patients might be able to recover a portion of their medical expenses for revision procedures through a medical malpractice lawsuit.
Did the surgery fail due to malpractice?
Someone hoping to recover the costs generated by a surgical procedure could theoretically seek financial compensation through a medical malpractice lawsuit. Provided that the patient can prove that negligence or significant mistakes on the part of the surgeon caused the need for the revision procedure, they may have a viable medical malpractice claim.
If other surgeons could quickly identify what a surgeon did inappropriately or failed to do, then the situation could theoretically meet the necessary standard for a medical malpractice lawsuit. Completely preventable errors, like operating on the wrong part of the body, often provide the strongest basis for lawsuits related to surgical errors.
However, a failure to follow current best practices could also be an adequate reason for a lawsuit. Reviewing surgical records and outcomes with an unaffiliated professional is often the first step toward evaluating whether malpractice occurred. A successful lawsuit could compensate someone for not only the expense related to the second surgery but also lost wages during their recovery and other costs directly linked to the malpractice that they experienced.
Filing a medical malpractice lawsuit based on surgical errors can benefit patients who did not receive the results they expected or families grieving the loss of a loved one. The decision to take legal action can be a difficult one, but holding a surgeon accountable for negligence can be a reasonable expectation when their mistake has likely generated tens of thousands of dollars in economic losses.