Surgical Error Cases in Illinois
Surgeries carry high risks, even those considered “routine” procedures. Patients trust their surgeons to provide them with the necessary care. However, even surgeons can make mistakes. Some mistakes have minor consequences, while others are fatal.
In order to demonstrate a medical malpractice claim arising from an alleged surgical error, the plaintiff must show that the treating medical provider’s conduct fell below the applicable standard of care. Under Illinois law, doctors and other medical providers must provide treatment that meets the accepted level of care of other similarly situated medical providers under the circumstances. An individual must also have suffered an injury that was the result of the medical provider’s error. Finally, the plaintiff must prove that their injury was the result of the physician’s negligent conduct.
Surgical errors can occur for a number of reasons. The surgeon may be inexperienced, unprepared, careless, fatigued, or under the influence, or may fail to communicate necessary information to the patient. Errors made during surgery can result in physical injuries, as well as emotional pain, including depression and anxiety.
Illinois Widower Wins $3 Million Verdict in Medical Malpractice Case
In a recent case, an Illinois man was awarded a $3 million verdict after he sued for medical malpractice. The man was the husband of a 64-year-old woman who died soon after undergoing surgery at DeKalb Medical Center. The woman went into surgery to have an ovarian cyst removed, a procedure her doctors said was a routine surgical procedure. However, during the surgery, her bowel was pierced.
After the surgery, the woman experienced pain and severe belching. When she called the surgeon the following day, she was told to try discontinuing her pain medication and, if that did not help, to go to the emergency room. She died on September 12, 2010, two days after the surgery, after the cut caused a septic infection.
Her lawyers argued that her gynecological surgeon did not adequately examine her bowel for cuts and also mishandled her complaints of symptoms afterwards. The physician’s lawyers argued that the woman knew of the risks of the procedure and signed a waiver beforehand. However, the woman’s lawyers argued that even if the complication was a known risk, that did not mean that the doctors were excused for neglecting to treat the resulting injury. Ultimately, the jury agreed with the plaintiff and found that the doctor should have handled her complaints with greater care after the surgery.
Have You or a Family Member Been Injured During Surgery?
If you or a family member has been injured during surgery, you may be able to recover damages for the medical costs and pain and suffering caused by the injury. If you believe you may have a claim, the experienced medical malpractice attorneys at Moll Law Group are available to help you seek the compensation you deserve. Medical malpractice cases can be very complicated because you need to prove that the medical provider breached a standard of care. This often requires medical experts. At Moll Law Group, we understand the complexities of medical cases and how surgical errors or medical negligence in general may entitle you to compensation. Billions of dollars have been recovered in cases in which we have been involved. Call us at 312-462-1700 or contact us through our online form to arrange a free initial consultation.
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Safer Technologies in Cars, But Not For Everyone, Illinois Injury Lawyer Blog, February 2, 2016.
Illinois Protects Police with Partial Immunity in Police Misconduct Cases, Illinois Injury Lawyer Blog, January 16, 2016.