Surgical Error or Surgeon Mistake?

Let Our Juneau and Anchorage Medical Malpractice Attorneys Help

Dillon & Findley, P.C., is a renowned medical malpractice firm that represents Alaska patients who have been the victim of surgical errors, birth injuries, a failure to diagnose, and other forms of medical negligence. Each Anchorage and Juneau medical malpractice lawyer at our firm is knowledgeable in medical malpractice, and we have recovered substantial damages for hundreds of individual patients and their families.

Surgical errors can occur in any procedure and anyone may be a victim. Common types of surgical errors include the following: performing unnecessary surgery, operating on the wrong body part, unintended nicking or cutting of nerves, arteries, organs or other body parts, medication errors, post-surgical infections, leaving surgical sponges or instruments in the patient, and wrong-site surgeries.

According to a study by the Institute of Medicine, between 44,000 and 98,000 people die in hospitals each year due to preventable medical errors. A large amount of these errors can be attributed to errors made by medical professionals during surgery. Another study revealed that nearly eighty percent of all doctors and fifty percent of the nurses surveyed had witnessed a colleague make an error or dangerous short cut during the course of a medical procedure.

To bring a surgical medical malpractice claim, Alaska law requires proof by a preponderance of the evidence that a healthcare provider fell below the standard of care in performing surgery and that this breach of standard of care caused injury or death. To satisfy this burden of proof, expert witness opinion testimony is required. Damages may be relatively easy to prove when there has been a surgical error, unless the individual has undergone a number of surgeries with a number of doctors in a short period of time.

Before bringing a medical malpractice claim, the cost of litigating the claim is an important consideration. Expert opinion testimony adds expense to an already difficult and costly litigation. Another consideration is the “loser pay” provision under Alaska law, where the losing or non-prevailing party may be required to pay a part of the opposing party’s attorney fees and costs.

Medical malpractice cases are difficult to prove and litigate. However, surgical errors do occur and we help our clients recover compensation for the emotional and financial difficulties that arise as a result of such errors. If you believe you are a victim of a surgical error, our attorneys may be able to assist you. Contact an experienced Juneau and Anchorage medical malpractice attorney at Dillon & Findley, P.C. to answer your medical malpractice questions today.