Minor surgeries are typically routine procedures that many patients undergo with the expectation of a smooth recovery. However, what happens when something goes wrong during what was supposed to be a simple operation? If you or a loved one has experienced complications from a minor surgery that led to serious injury or prolonged suffering, you may be facing a case of medical malpractice. Understanding your legal rights in these situations is essential to ensuring you receive the compensation you deserve.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm or injury to a patient. For minor surgeries, this could include surgical errors, improper aftercare or miscommunication that leads to complications.
In Illinois, a medical malpractice claim must prove that the healthcare provider’s actions (or lack of actions) directly caused harm. In the case of a minor surgery, this could be anything from an infection caused by unsanitary equipment to damage to a vital organ due to surgical error or failure to properly monitor a patient post-surgery.
Common Causes of Surgical Errors in Minor Procedures
While most minor surgeries are successful, complications can arise from:
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Surgical Mistakes: Errors like cutting the wrong tissue, leaving instruments inside the body or improper suturing.
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Anesthesia Complications: Adverse reactions or improper administration of anesthesia that lead to breathing issues or brain damage.
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Infections: Poor hygiene, improper sterilization or failure to monitor post-surgical care that lead to severe infections.
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Improper Diagnosis: A misdiagnosis that leads to performing an unnecessary surgery, or performing the surgery on the wrong body part.
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Failure to Inform: Lack of proper informed consent, where patients are not fully made aware of the risks involved with the procedure.
Signs of Surgical Malpractice
If you’ve had a minor surgery and are experiencing unexpected complications, you should consider whether medical malpractice may be to blame. Signs that a minor surgery may have turned major due to malpractice include:
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Unexpected pain, swelling or redness around the surgery site
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Severe infection or fever
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Persistent or worsening symptoms that weren’t part of your original condition
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Unexplained complications, like numbness, bleeding or organ damage
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Extended recovery time or the need for additional surgeries
How to File a Medical Malpractice Claim in Illinois
If you suspect that you are a victim of medical malpractice after a minor surgery, it’s important to act quickly. The state of Illinois has a statute of limitations for malpractice claims, which means you must file within two years of discovering the injury or within four years of the surgery, whichever is sooner.
Here are the steps involved in filing a malpractice claim:
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Seek Immediate Medical Attention: If you haven’t already, seek the appropriate medical care for any complications. This ensures your health is a priority and that you have documentation of the ongoing issues.
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Consult with an Experienced Malpractice Attorney: Medical malpractice cases can be complex, so it’s essential to consult with a lawyer who specializes in this area of law. An experienced attorney will assess whether you have a valid claim and guide you through the process.
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Obtain Medical Records: Your lawyer will need your medical records to show that the healthcare provider deviated from the standard of care.
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File a Claim: Once the evidence is gathered, your lawyer will file a medical malpractice lawsuit on your behalf.
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Negotiate or Go to Trial: Many medical malpractice cases settle out of court, but if a fair settlement isn’t reached, the case may proceed to trial.
Why Choose the Dinizulu Law Group?
Filing a medical malpractice claim can be an overwhelming experience, especially when dealing with the aftermath of a surgical error. At the Dinizulu Law Group, we are committed to helping victims of malpractice receive the justice and compensation they deserve.
Our team has experience handling medical malpractice cases involving surgical errors and can guide you every step of the way. Whether you’re dealing with physical, emotional or financial damages, we will fight for the best possible outcome for you.
Contact Us Today for a Free Consultation
If you or a loved one has suffered due to a minor surgery that turned major, don’t hesitate to reach out. Our team at Dinizulu Law Group is ready to help you understand your legal rights and options. Call us today at 312-384-1920 for a free consultation. We are here to support you through this challenging time.
