Accidental Puncture and Laceration Malpractice
Surgery, whether it is minor or major, is daunting for patients. The thought that something could go wrong makes the whole process even more stressful. While in most cases, surgeons only cut what they intend to cut to perform the surgery, accidental cutting does happen in some cases. If you or someone close to you has suffered harm due to accidental punctures or lacerations during surgery, it is important to reach out to a skilled Baltimore surgical malpractice attorney who can assess the merits of your case. At Arfaa Law Group, we will make every effort to get you the compensation that you need for your harm.Pursuing a Malpractice Claim Based on Accidental Punctures or Lacerations
An accidental puncture or laceration refers to the rate of inadvertent cuts, punctures, perforations, and lacerations to a patient during a medical procedure. It is important to note that an injury, tear, or repair that was reasonably necessary to accomplish a surgery does not meet the definition. Injuries caused by accidental punctures and lacerations can prolong a patient’s recovery, cause new health complications that require additional medical treatment, or create a need for extended observation after the operation. In some cases, the patient may need a blood transfusion if the injury caused internal bleeding. In the most serious cases, accidental punctures and lacerations may lead to a sudden loss of consciousness or death.
According to a National Institute for Health study aimed at identifying risk factors and assessing surgical outcomes related to accidental punctures or lacerations, out of 2,897 operations that were examined, 269 had an accidental puncture or laceration. The study found that an accidental puncture or laceration was more likely to occur in complex colorectal operations. The clinical consequences of these punctures and lacerations range from none to significant, depending on the specific type of injury.
When a patient is injured due to the negligent care of a surgeon, they may be entitled to compensation through a medical malpractice lawsuit. Medical malpractice happens when a surgeon causes injuries or death to a patient by failing to use the level of care that another reasonably prudent surgeon would have used in the same or similar circumstances. Put another way, in order to establish liability, a plaintiff must show that a competent surgeon would have acted differently in the same situation. In order to win on a medical malpractice claim, the plaintiff’s medical malpractice lawyer must prove the following elements:
- A doctor / patient relationship existed;
- The doctor owed the patient a duty of care;
- The doctor breached the duty of care owed to the plaintiff;
- The doctor’s breach was a direct and proximate cause of the plaintiff’s injuries; and
- The plaintiff suffered quantifiable harm as a result.
Maryland has a strict statute of limitations that applies to medical malpractice cases. Generally, a patient must file a medical malpractice claim either within five years from the date of the injury or within three years from when the injury was discovered, whichever comes first. If you do not file your lawsuit within this time frame, your case will be dismissed, and you will lose your right to seek compensation altogether. Of course, there are limited exceptions to this rule, but you probably will not know whether or not an exception is applicable in your case until an attorney thoroughly reviews the circumstances of your medical injury.Retain a Baltimore Attorney to Assert Your Right to Compensation
Accidental puncture and laceration injuries can have serious consequences for a patient’s life. If you or a loved one has been injured by a surgeon’s negligence, we can help. At Arfaa Law Group, our Baltimore lawyers can thoroughly review your case and help you determine your legal rights and options. We strongly believe in holding negligent medical professionals accountable for the harm that they cause. Our firm assists patients and their families who are suing doctors, hospitals, and other health care providers throughout Maryland. To schedule a free initial consultation, feel free to call 410-889-1850 or contact us online.