When surgery goes wrong, we can make things right
Surgery improves and saves the lives of hundreds of thousands of Americans every year. At the same time, it can also be fraught with peril. Patients lay on the operating table, vulnerable and under the effects of powerful anesthesia. Surgeons, anesthesiologists, nurses, and operating room personnel can make any number of mistakes before, during and after surgery, which can damage the health and threaten the life of a patient.
When surgery goes wrong because of medical errors, when avoidable surgical and anesthesia errors harm or kill a patient, Berman & Simmons’ medical malpractice attorneys can help make things right. We understand the pain, confusion, and worry that patients and families experience in the aftermath of surgical mistakes and are determined to help them through these challenging times.
With an unmatched 100-year legacy of obtaining compensation for those hurt by the negligence of others, we have the resources that can help you recover and move forward after a surgical or anesthesia error upends your life.
Avoidable mistakes happen in all types of surgery
Serious mistakes can and do occur in every kind of operation. Some of the most common avoidable surgical errors that we see as medical malpractice attorneys include:
- Improper incisions or operating on the wrong body part.
- Leaving a foreign object or piece of medical equipment inside a patient.
- Inflicting nerve or organ damage.
- Failing to monitor and prevent blood clots.
- Failing to prevent surgical site and post-surgical infections.
Avoidable mistakes happen in all types of surgery
The mistakes that doctors can make with anesthesia are numerous, and given the power of these medications, the harm to a patient can be catastrophic. Surgeons and anesthesiologists can hurt patients by:
- Improper placement of breathing tubes and IV lines.
- Administering inappropriate types and doses of anesthesia.
- Failing to prevent adverse anesthesia interactions with other drugs.
- Failing to identify potential drug allergies.
- Failing to maintain sufficient oxygen level during surgery.
Let Maine’s most respected medical malpractice law firm fight to get you the compensation you deserve
For over a century, Berman & Simmons has helped victims of medical malpractice, including those hurt by surgery and anesthesia mistakes, get the answers and compensation they deserve.
Berman & Simmons’ lawyers are widely recognized as the best personal injury and medical malpractice lawyers in Maine. But for us, being the best firm in the state is not enough. With our unique resources and talent, we strive to be among the best in the country.
The resources we bring to medical malpractice cases are unmatched. We have access to the world’s leading and most highly credentialed medical experts whose analysis and testimony are often pivotal in our efforts to obtain full compensation for our clients.
With the deep experience and extensive knowledge needed for successful outcomes in these complicated cases, our lawyers have recovered over $1.25 billion for our personal injury clients, including several of the largest medical malpractice jury verdicts and settlements in Maine history.
Call us today for your free surgery and anesthesia error consultation
We are proud and humbled that people throughout New England continue to put their trust in Berman & Simmons after they suffer from an avoidable medical error. We work tirelessly every day to earn that trust, holding negligent doctors accountable and getting our clients the compensation that can aid their recoveries from medical errors.
Please contact Berman & Simmons today at (207)784-3576 to arrange for your free consultation. You pay nothing unless we obtain compensation for you by settlement or jury verdict. Our Maine medical malpractice attorneys are ready to help you through this difficult time so you can recover and rebuild your life.
Case Story - Medical Malpractice, Broken Wrist
Get Peace of Mind
It never hurts to consult an attorney regardless of whether you decide to move forward.
You may need to discuss whether an autopsy is necessary to prove that the negligence caused a love one’s death.
Obtaining complete medical records from hospitals and other providers is a daunting task.
Maine’s statute of limitations for medical malpractice cases is short in comparison to the statute of limitations for general personal injury claims.
Important evidence may be lost or degraded over time.
You’ll need help navigating your medical care and dealing with financial pressures.
You need peace of mind to focus on your recovery.
Paralysis due to mismanagement of
Catastrophic injuries in a head-on car accident
Wrongful death case involving negligent
Plaintiff Rear Ended by
Delay in diagnosis and treatment of cancer
Significant Head Injury Car Accident
How do you prove anesthesia malpractice?
Like all medical malpractice claims, an anesthesia malpractice case requires you to prove the basic elements of duty, breach, causation, and damages. “Duty” means there was a physician/patient relationship, and “breach” means the physician failed to conform to the standard of care. If the breach results in injury or worsening medical progress, you can present evidence of the associated costs and receive financial compensation.
Your personal injury lawyer’s job is to gather your medical records and employ a medical expert to testify on your behalf. Typically, a fellow anesthesiologist will review your case and attest that your treating physician failed to provide care that meets relevant medical standards.
What is surgical malpractice?
Surgical malpractice occurs when the physician performing surgery, or any provider assisting with the surgery, fails to conform their care to the leading standards in the medical profession. For example, it may be customary for an anesthesiologist to provide a specific anesthetic dosage relative to the patient’s weight. If too much or too little is given and injury results, a malpractice claim may be filed.
Similarly, a surgeon may accidentally leave an object inside the patient during surgery. Obviously, this does not conform to the standard of care. The surgeon can be held liable for the mental and physical costs of harm, including the removal surgery and resulting symptoms and pain.
Can you sue for a failed back surgery?
Yes. If you suffered an injury due to your physician’s negligence, you could sue to recover economic and non-economic damages. Economic damages include medical bills, lost time from work, and home care costs. Non-economic damages include pain and suffering, psychological trauma, and lost quality of life.
As in anesthesia malpractice, to successfully sue after a failed back surgery, you will need to present proof of duty, breach, causation, and damages. Your personal injury lawyer will hire a surgeon specializing in back surgeries to testify that your physician failed to conform to the standard of care.
Can you sue for nerve damage after surgery?
Yes. Any time your physician’s negligence causes a new or worsening injury, you can sue to recover the economic and non-economic damages you suffered as a result. You will need the testimony of a medical expert to establish that your physician’s negligence indeed caused the nerve damage.
How long after surgery can you sue for malpractice?
We recommend contacting a personal injury attorney as soon as you suspect medical negligence may have occurred. Consultations at most firms, including ours, are generally offered free of charge, and there is no fee unless your case is successful. Your attorney can help you determine whether you have a viable claim against your physician. They will also direct you to medical providers to help document and treat your injury.
Once there is sufficient medical documentation to establish that malpractice occurred legally, your attorney will file suit. Depending on whether your case settles or goes to trial, the process can take anywhere from several months to several years to resolve.
Remember that the law places firm limits on when you can sue for medical malpractice. In Maine, you have three years from the date of injury to file suit against your physician. For this reason, we recommend contacting a medical malpractice attorney as soon as you suspect malpractice occurred.