You can sue for surgical never events when you get hurt because of the negligent actions of your healthcare provider. You must, however, sue within two years from when you got injured or discovered the injury. Common liable parties or entities in medical malpractice claims involving preventable surgical errors include surgeons, surgical nurses, and healthcare facilities.
Table of Contents
A successful claim must show that the healthcare professional or provider deviated from established medical standards of care, the deviation directly resulted in your injury, and you suffered physically, psychologically, or financially. A lawyer with a track record of winning preventable surgical error claims in Illinois can help you build a solid claim and fight for maximum compensation.
Medical malpractice lawyers at Ankin Law have been handling surgical “never event” claims for more than 12 years. We have the knowledge, experience, and resources to help you pursue justice. Call 312-600-0000 for a free case evaluation and learn how our lawyers can help you.
Who to Hold Liable for Surgical Never Events
Health professionals must adhere to strict health guidelines when providing surgical treatment services. They must take reasonable measures to ensure surgical procedures don’t harm patients. A surgical error may include a surgery at the wrong site or a retained object in the body.
A surgical procedure often involves healthcare professionals in different fields. Any one of them can make a mistake that might cause a surgical “never event” to occur. Common liable parties in medical malpractice claims involving preventable surgical errors include:
Surgeons
The surgeon is typically the leader of the medical team in the operating theater. The surgeon makes critical decisions regarding the patient’s safety, welfare, and recovery. It’s also the surgeon’s responsibility to ensure all health procedures meet the industry’s standards. They must take all reasonable measures to prevent common surgical errors. A surgeon might be liable if a patient suffers an injury due to preventable surgical errors.
Surgical Nurse
A surgical nurse may also be liable for a surgical “never event.” It’s the nurses who prepare patients for surgeries. They also clean the theaters and surgical equipment, and provide post-surgery care.
Health Facility
You can sue a hospital for a surgical error caused by a doctor. Most health facilities that offer surgical treatment services carry vicarious liability. They are accountable for their employees’ actions. If a preventable event occurs because of a nurse’s or doctor’s error, the employer may be liable for the surgical malpractice.
Proving a “Never Event” Occurred
You must show that a direct connection between a practitioner’s error and the injuries exists for your preventable surgical error claim to be successful. In other words, you must prove that the surgeon’s error is the direct cause of your injuries or pain and suffering. The legal arguments must be meticulously explained based on solid medical and legal facts. The key elements of a medical malpractice claim involving preventable surgical errors include:
Violation of Medical Standards
The prevalence of never events surgical errors is high despite the American Surgical Association (ASA) setting rigorous standards of care for all certified surgeons. Most surgical never events occur because of a surgeon’s failure to follow these standards.
You must show that the surgical team breached the established medical standards to increase your chances of winning the case. The input of an expert witness is often necessary to demonstrate this breach. This witness is typically an experienced surgeon in the surgical procedure.
The expert witness will review how the surgical team conducted the operation. The witness will also review the medical reports and other pertinent issues. They will then give a professional opinion on how your healthcare provider’s actions deviated from the approved standards of care. Such a professional perspective on the case bridges the gap between the medical and legal sides of the claim.
Causation
You must show that your injuries directly resulted from the medical professional’s violation of the established medical standards of care. Simply put, you would not have been harmed if the professional had observed the standards of care. Expert medical testimony is necessary to connect the violation to your injury.
Damages
You must prove damages to successfully sue a medical professional for a surgical never event. You must demonstrate that the “never event” caused you physical suffering and financial losses. Witness accounts, photos or videos, medical records, financial documents, and expert testimony are instrumental in proving damages.
Damages You Can Claim for Surgical “Never Events”
You can claim two types of damages when you sue for a never event in a medical malpractice lawsuit. They include economic damages and non-economic damages.
Economic Damages
Economic damages are also known as special damages. These are the compensatory amounts you receive for the various financial losses you suffer due to a surgical error. They include:
- Hospitalization and ER visits
- Transportation expenses to and from the doctor’s office
- Medicine costs
- Rehabilitation and physical therapy costs
- Lost income and employment benefits
Non-Economic (General) Damages
Non-economic damages are financial estimates of the emotional and psychological harm you experienced after a surgical “never event.” You may have suffered anguish, disfigurement, or loss of enjoyment of life.
Illinois’ “No-Cap-On-Damages” Doctrine
A 2010 court ruling termed caps on medical malpractice damages as unconstitutional. Before this ruling, claimants could only receive a maximum of $500,000 for non-economic damages for rulings against medical professionals. The cap on non-economic damages was $1 million for a lawsuit against a healthcare facility.
Following the 2010 ruling, there’s no limit to the damages one can claim in a medical negligence case. As such, you have the right to pursue compensation to cover the full value of your damages.
How Can a Surgical “Never Event” Attorney Help?
Filing a surgical error claim in Illinois is always easier said than done. A Pro Se claimant might not have the legal knowledge and experience to navigate the legal process. Medical malpractice claims aren’t confined only to the legal framework. You also must have a network in the healthcare sector to prove that a surgical error actually occurred.
An effective approach is to partner with a professional surgical “never event” lawyer. With legal representation, you can get valuable legal advice. Your attorney will help you understand your rights in the case and the steps to follow to satisfy the statutory guidelines and deadlines.
A lawyer can help you build a strong claim in various ways, including:
Investigating the Surgical Team’s Negligence
Failure to follow guidelines or procedures is the leading cause of surgical never events, especially wrong-site injuries. A lawyer can investigate the circumstances that led to the surgical error and gather critical facts from a range of evidence. That evidence might include medical records, testimonies from expert witnesses, video footage of the surgical procedure, and the surgeon’s notes on the treatment procedure.
Securing Fair Compensation
A surgical “never event” lawyer can help you determine the total economic and non-economic damages. Calculating economic damages is relatively straightforward. These damages include the direct financial losses you suffered as a result of the surgical error. A lawyer can leverage their authority and resources to retrieve your medical and financial records. The lawyer can review these documents and accurately determine the losses you suffered.
The lawyer also knows how to calculate non-economic damages. A lawyer will either use the multiplier method or the per diem formula. Depending on the circumstances of your case, your lawyer will choose the formula that will maximize your recovery. With a lawyer, you can easily pursue compensation for mental anguish, loss of enjoyment of life, emotional distress, and reduced quality of life.
At Ankin Law, we provide client-focused legal representation in medical malpractice claims. Our legal services are grounded on helping our clients maximize their compensation. Contact us to schedule a free case review.
Frequently Asked Questions (FAQs)
What Are the Lawyer Fees for Medical Malpractice Claims?
Many personal injury lawyers in Illinois have a contingency fee structure. This payment structure means you only cover legal fees if the lawyer wins the case. What’s more, most lawyers incentivize clients by providing free case reviews and free consultations.
How Long Does a Medical Malpractice Claim Take to Settle?
Straightforward medical malpractice cases settle early, often within a year. Cases involving life-threatening injuries or contested liability usually take two to three years to resolve. Cases that proceed to trial might take up to five years to resolve.
When Should I Contact a Medical Malpractice Lawyer in Illinois?
Under the Illinois statute of limitations, personal injury claimants have two years to file a claim. Still, you should involve a medical malpractice attorney as soon as you get injured or discover health complications as a result of the doctor’s negligence. Retaining a lawyer early can help protect your rights and prevent mistakes that could jeopardize your claim. It can also better your odds of getting a reasonable settlement or favorable outcome in court.
