Wrongful Death Cases Stemming from Surgical Errors: What You Should Know

Imagine this devastating scenario: Your family member enters a hospital to undergo a surgical procedure. You put your faith in the surgeon and his or her team to take care of your loved one, and initially, it appears that the procedure was a success. Everything is fine! 

But then, your loved one starts to experience complications. They return to the hospital and learn that, during their previous operation, they somehow suffered an injury to another organ. The injury is serious. Within a short period of time, they succumb to their injuries and pass away.

What happened? How can this happen?

At Gershon, Willoughby, & Getz, LLC, we know that these types of unfortunate situations do occur. Our Baltimore medical malpractice lawyers were trained as doctors, and we understand the extremely high level of focus and painstaking attention to detail that is necessary to perform any type of surgery. We know that surgeons are human, and they make mistakes. However, the slightest lapse in concentration by a surgeon can seriously, and even fatally, harm a patient. 

What should you do if you believe your loved one was injured and died as a result of surgical error? You can choose to pursue a wrongful death claim. 

This type of lawsuit holds the hospital or members of the hospital staff responsible for a patient’s death, on the grounds that their death was caused by negligence on the part of a medical professional. A successful claim can result in compensation for:

  • Medical bills
  • Burial or cremation expenses
  • Loss of earnings
  • Loss of companionship
  • Pain and suffering
  • Punitive Damages

Proving these cases can be quite complicated. Families who want a court to hold their hospital or surgeon responsible for a loved one’s death need an attorney with experience handling wrongful death cases. The attorney must know the ins and outs of medical malpractice law. They must know how to collect and present sufficient evidence covering all of the following “bases”: 

  • Defendant owed the patient a “Duty of Care,” meaning they had a responsibility to perform a safe surgical procedure without causing them further injury.
  • Defendant breached their Duty of Care, meaning they did not fulfill their responsibilities to the patient and, in fact, caused the patient harm.
  • Defendant’s breach of Duty of Care caused the patient’s death and not some other factor.

If your loved one was a victim of surgical error and you need an attorney with the knowledge and experience to get you the compensation you deserve, please contact us to schedule a consultation today. 

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