Surgical procedures are sometimes the best or only treatment option for serious medical conditions. People may undergo procedures to remove tumors, replace failing joints or address major cardiac issues. They typically trust the doctors performing the operation to provide the best standard of care possible.
Surgeons are subject to strict professional requirements, which in theory helps ensure the safety of patients. Unfortunately, errors do still occur during surgical procedures. Doctors can make major mistakes during an operation that could have catastrophic consequences for the patient.
If a surgeon makes a predictable and preventable medical error, the people grieving the tragic outcome of that medical mistake may have grounds to pursue a wrongful death lawsuit because of the medical malpractice that occurred.
What is a wrongful death?
Every premature death may seem wrongful, but not all of them provide the necessary legal grounds for litigation. According to state statutes, wrongful deaths involve one party causing a tragedy through either negligence or wrongful actions.
Typically, surgeons and other medical professionals do not break the law during operations. Instead, their actions may be negligent. For example, a failure to carefully review medical records might result in a doctor performing the wrong procedure on a patient or operating on the wrong body part.
Forgetting to review medical records and inquire about family history could result in preventable anesthesia errors. Surgeons might even leave items behind inside patients that cause deadly infections or severe internal trauma.
In cases where another medical professional could have prevented the tragedy or where the error is so obvious that even casual observers recognize the doctor’s negligence, grieving family members may have grounds for a malpractice lawsuit related to the tragedy they experienced. They can ask the courts to hold the surgeon, the anesthesiologist or the hospital accountable for the errors during the operation.
Wrongful death lawsuits can cover funeral costs and end-of-life medical care expenses. They can replace lost wages and offset other economic harm triggered by a tragedy. Reviewing medical records and the consequences of a fatal surgery with a skilled legal team could provide the grounds for a medical malpractice lawsuit related to the wrongful death of a loved one. Litigation can potentially provide families with both compensation and closure after a medical tragedy.