Avoiding Surgical Errors and Medical Malpractice

When you go to see your doctor or into the hospital for care, you are really putting your life in someone else’s hands.  This is an awesome act of trust, and a huge responsibility for the nurses, doctors, and other hospital staff entrusted with your care.  But you shouldn’t trust just anyone in a white coat – not all medical professionals are created equal, and with a little homework you can reduce your chances of becoming the victim of a surgical error and facing the terrible ordeal of a medical malpractice case.

 

You might not be so quick to go to the hospital for surgery if you knew that a study conducted by The Commonwealth Fund revealed that one-third of American patients were the victim of a medical mistake.  In fact, of six countries surveyed, the United States stood out as having high medical error rates, inefficient coordination of care, and high out-of-pocket costs resulting in forgone care.  This is surprising considering how technologically advanced the United States is, and is enough to make any patient wary of a hospital stay. 

 

Find the right doctor – and ask questions

 

Before you agree to go under the knife, do a little research.  Don’t be afraid to ask your doctor personal, in-depth questions about their qualifications and experience – after all, it is your life on the line.  Researching the doctor you’ve chosen and the facility where the surgery will take place is especially important these days, as more surgical procedures – nearly 10 million nationwide – are taking place in outpatient facilities, where patients don’t have the same post-surgical monitoring or access to hospital care.

 

Consider the recent case of Donda West, Kayne West’s mother, who died after cosmetic surgery performed in a doctor’s office, not in a hospital.  In this case the surgeon, Dr. Jan West, was not board certified to perform plastic surgery, was facing disciplinary action by the California state medical board and has had two medical malpractice cases brought against him, both of which resulted in significant payouts.  Would Dr. West be alive today if she had asked more questions, or if the state of California better monitored office-based surgeries?

 

To reduce the chance of becoming the victim of a surgical mistake, the American College of Surgeons recommends asking your surgeon the following questions before agreeing to a surgical procedure:

1. Do you perform this operation regularly?  What are your results?
2. Are you board certified in the surgical specialty in which you practice?
3. Do you have any health problems that would interfere with your ability to do this operation?
4. What is your success rate with this operation and your safety record regarding complications?
5. Will I be involved in marking the surgical site?

 

Questions to ask after a surgical procedure:

1. Did anything unexpected happen during the operation?
2. Is there any change in the post-operative plans?
3. Did anything happen during surgery that could complicate recovery?
4. Are there any instructions for me in case of bleeding or other problems after surgery?
5. When should I next see the surgeon?

 

Avoiding surgical mistakes

 

There are so many different kinds of mistakes that can be made during a patient’s treatment, many of which are avoidable.  Here are some ways that common mistakes can be prevented.

 

• Make sure your medical professionals aren’t cutting corners.  Many doctors, nurses, and other medical professionals perform the same procedures over an over in the course of a day or a week.  Many times they rely on memory and experience to guide them, but recent research shows this isn’t good enough.  Health-care professionals who follow medical checklists for the procedures they practice can drastically reduce the chances they’ll make a mistake.  Imagine if all medical professionals were willing to scrupulously follow simple checklists for every procedure they practice – so many patients would be saved needless suffering.
• There is no excuse for wrong-site surgery.  Wrong-site surgical mistakes happen when doctors operate on the wrong part of a patient’s body – and sadly, these mistakes are on the rise.  Studies have found that patients who participate in marking the surgical site are less likely to experience a wrong-site surgical mistake.  There are also steps that a surgeon can take to reduce the likelihood of making such a mistake, and patients should ask if these steps are being followed.
• Make sure your doctor is board certified – for the procedure they will perform on you.  Experts recommend finding a doctor who is board certified for the type of medicine he or she will practice on you.  However, many patients are reluctant to ask, perhaps assuming that if the doctor is practicing a particular type of medicine then they must in fact be certified.  This simply is not true.  While about 85% of all doctors are board certified, there are 15% who are not certified at all and there is also no guarantee that your doctor is certified for the type of procedure they will actually perform on you.

 

No patient should have to suffer from an avoidable surgical mistake.  If you have been a victim of medical malpractice, then you will want a skilled and experienced attorney on your side – and that attorney is Richard Serpe.  Please contact The Serpe Firm today and let us work with you to help you recover from the devastating effects of your medical mistake so you can get your life back on track and get the compensation you deserve.

 

Law Offices of Richard J. Serpe, P.C.
580 East Main Street, Suite 310
Norfolk, VA 23510
Phone: 757-233-0009
Fax: 757-233-0455