Each year, organ transplant surgeries give thousands of people a new lease on life. As the number of transplant procedures performed has risen over the past few decades though, so has the number of transplant errors. Mistakes made before, during, and after transplant surgeries typically result in life-altering complications, and health care providers that recklessly harm their patients should be held accountable. If you or a loved one sustained injuries because of a misstep during a transplant surgery, you should speak to an attorney about your options for seeking damages. The capable Baltimore medical malpractice lawyers of Arfaa Law Group are well-informed in what takes to prove careless medical professionals unjustly caused their patients to suffer harm, and if you engage our services, we will diligently pursue the best result possible in your case.Common Transplant Errors
There are many mistakes that can occur during the process of transferring an organ from one body to another, but some transplant errors occur more frequently than others. One of the most egregious mistakes that can occur is the transplantation of an organ from a donor that has a blood type that is incompatible with the recipient's blood type. This can lead to rejection of the transplanted organ, organ failure, and death. Another unfortunately common mistake is the transplantation of an infected organ. For example, if a donor suffered from cancer, an infectious disease, or the organ itself is damaged, the transplant may fail, or the recipient may become ill. Other harm that can happen during a transplant procedure includes damage to other organs and complications due to anesthesia errors or surgical equipment left in the body.Compensation for Harm Caused by Transplant Errors
In many instances, transplant errors are preventable and only occur because of neglect. As such, many people hurt by mistakes made during a transplant procedure will choose to pursue medical malpractice claims against their doctors. Typically, a plaintiff in a medical malpractice case will set forth a medical negligence claim against the defendant.
In Maryland, a plaintiff alleging harm due to negligence must first show that the defendant owed the plaintiff a duty. In medical malpractice cases, the duty owed is the obligation to treat the patient in accordance with the standard of care, which is the care a competent professional working in the same specialty would offer in the same situation. For example , the standard may require that the surgeon check the blood type of both the donor and recipient to ensure they are compatible prior to surgery. Next, the plaintiff has to demonstrate that the defendant breached the duty owed. In other words, if the defendant failed to evaluate the blood types of the parties involved in the surgery, it may be considered a breach.
Last, the plaintiff must show that the defendant's breach caused actual harm. This means that the organ recipient suffered physical injuries or other quantifiable losses and that they would not have occurred absent the defendant's breach. In the majority of cases, the standard of care that applies is beyond the comprehension of the judge or jury. Thus, a plaintiff in a medical malpractice case will usually have to retain a medical expert to explain the standard and the manner in which the defendant's behavior constituted a departure from the standard. Expert testimony is often required to establish the plaintiff's damages as well. A plaintiff that proves a defendant's liability may be awarded the cost of any past or future medical care needed because of the harm sustained, compensation for lost wages, and damages for the pain and mental suffering endured.Meet with a Trusted Baltimore Attorney
Organ transplantation is a life-saving surgery for many critically ill people, but oversights and omissions can cause catastrophic harm. If you or someone you love suffered losses due to a transplant error, you could be owed substantial compensation, and it is advisable to meet with an attorney. The trusted Baltimore lawyers of Arfaa Law Group can assess the circumstances surrounding your harm and advise you of what claims you may be able to assert in pursuit of damages. We have an office in Baltimore, where we frequently represent people in medical malpractice claims. You can reach us via our online form or at (410) 889-1850 to schedule a conference.