Fort Smith Surgical Error Attorneys
When people need life-saving surgical procedures performed, they trust that their surgeons will perform their duties accordingly. What few prepare for is losing the life they expected the surgeon to save. Unfortunately, surgical errors cause serious injury or death in America far too often each year.
Major errors during surgery can impact the health and well-being of victims regardless of what procedures are necessary. From leaving surgical tools inside an arm to the administration of too much local anesthetic, the emotional and economic impact of surgical errors leaves those injured little choice but to file a medical malpractice claim.
Trusted by injured patients in Fort Smith and surrounding areas to hold offending surgeons accountable, McCutchen & Sexton – The Law Firm prides itself on skilled litigation of surgical error claims. Because these cases require substantial evidence to settle, our firm must work diligently to preserve all facts quickly.
We urge you to contact our office by calling (479) 783-0036, by starting a live chat, or by visiting our office today. Our contact form is monitored frequently if you’d like to leave us a message.
Why Do I Need a Medical Malpractice Lawyer?
Patients may mistakenly believe all surgical errors qualify for compensation. So, they’ll file civil action without an attorney, head to court, and become confused and irritated when the judge tosses their claim due to lack of supporting evidence.
Not all surgical errors stem from medical malpractice. Under Arkansas law, to be considered malpractice, errors must fall below a certain medical standard of care. That standard is gauged by how an ordinary surgeon in a similar surgical procedure with similar training would act had they been performing the procedure on you or someone like you in the same community.
Disliking how your surgeon sewed up their incision, for example, would not qualify as medical negligence. Surgeons who fail to sew up their incision, however, would qualify if serious injury or death resulted from this error. Because medical malpractice claims require specific facts to substantiate a patient’s injury, injured patients should rely on legal representation.
Suing surgical centers or the surgeon themselves with no basis or without provable medical negligence may result in counterclaims made against you if your claim is deemed “frivolous.” Therefore, because the line between medical malpractice and normal standard of care is easy to confuse, cases should always be handled by experienced medical malpractice lawyers.
Why Choose McCutchen & Sexton – The Law Firm?
Cases where surgical errors lead to you or your loved one’s serious injury require experienced attorneys who understand all elements needed to prove your case. Inexperienced legal help may hurt your case more than it helps.
McCutchen & Sexton – The Law Firm has fought and won medical malpractice cases where surgical errors were the sole contributing factor to the victim’s injury or death. Offering superior representation in these sensitive cases means your case could qualify for settlement should evidence suggest your injuries are directly linked to preventable surgical errors.
We only represent injury victims, not the hospital, surgeon, or medical facility, because we are passionate about helping individual members of our community. This is also why we maintain a Client Bill of Rights, where we enumerate exactly what you can expect from working with us. You are our top priority, and we will do everything in our power to make your case go as smoothly and successfully as possible, with as little stress to you.
Medical Malpractice Cases We Handle
Common surgical error claims we’ve helped victims secure compensation for include:
- Severed nerve(s) during a routine procedure where nerve operation wasn’t necessary or prescribed;
- Death or permanent damage stemming from too much or too little local anesthetic;
- Incisions that were placed in the wrong area which led to serious injury or death;
- Leaving surgical equipment inside the patient, including sponges or small instruments;
- Operating on the wrong person;
- Disease or serious infection due to unsterilized surgical tools;
- Placing defective hip or other metallic replacements inside patients when the medical facility knew, or had reason to believe, the instrument is recalled or unsafe;
- Marking and operating the wrong site for surgical procedure; and
- Incompetence which led to surgical procedures causing more harm to the patient than good, including death.
This list is not exclusive; there are many cases where surgical error could cause patients to become sterile, have permanent nerve damage, become paralyzed, or endure other unwarranted physical hardships. If you’re unsure whether your experience qualifies as medical malpractice, do not hesitate to reach out to McCutchen & Sexton – The Law Firm for answers.
Recovering Compensation in Med Mal Claims
Arkansas is one of several states with no damage caps on medical malpractice claims. That means victims with overwhelming injuries may be entitled to substantial compensation based on economic and non-economic losses. In general, courts will base compensation off:
- Expected medical costs for future medical care to reverse damage, combined with what medical costs have accrued since the surgical error was discovered;
- Loss of consortium, although courts make it challenging to prove one’s intimacy with their partner or ability to care for their minor child was lost due to surgical error;
- Reimbursement for wages lost resulting from the patient’s inability to return to work, combined with future lost wages if the patient will be unable to return to work in the same capacity; and
- Stress, suffering, pain, depression, and any other non-economic losses the patient endured or is expected to endure for the foreseeable future.
When surgical errors lead to death, the case turns into a wrongful death suit. Compensation in those cases may cover damages including funeral costs, burial costs, medical costs leading up to the death, loss of support, loss of income, loss of inheritance, and more.
Fort Smith Surgical Error Victims, We’re Here for You
Surgeon fatigue, inexperience, being under the influence of drugs and alcohol, and outright negligence contribute heavily to many surgery-related complications and deaths in Arkansas every year. While some patients escape with only minor internal damage, others have their lives changed forever.
McCutchen & Sexton – The Law Firm built its practice off the principle of putting injured persons before themselves. We don’t get paid until we’ve won your surgical error case, and charge no fees for consultations. All case-related expenses, including subpoenaing medical records, video, audio, and bringing outside professionals into your case when necessary, are covered by us upfront. In the unlikely event that we lose your case, you owe us nothing.
Arkansas imposes a strict two-year deadline to file your medical malpractice case, so don’t delay. Schedule your consultation by calling our medical malpractice team at (479) 783-0036 as soon as possible.