Chicago Surgical Error Lawyers
You went in for surgery expecting to get better. Instead, something went wrong, and now you need to know whether it was a complication no one could prevent or a mistake that should never have happened.
At Ankin Law, our Chicago surgical error lawyers investigate what happened before, during, and after your procedure. We examine the medical records, the decisions your providers made, and the actions of the surgical team to determine where your care broke down and who may be responsible.
The hospital may call what happened a complication. That does not necessarily tell you whether it was preventable. We work with qualified medical professionals to determine whether your care met the applicable standard and whether a medical error caused the additional harm you are now dealing with.
You deserve an independent answer about what happened in that operating room.
“You went into surgery for one problem and came out with another. You deserve to know why. We’ll find out what happened and determine whether someone should be held accountable.”
— Howard Ankin, Ankin Law
Our Chicago surgical error lawyers are available 24/7 to serve clients throughout Cook County, Lake County, and across Illinois. Call Ankin Law at (312) 600-0000 for a free consultation about your surgical injury. You pay no upfront attorney fees, and no attorney fee unless we recover compensation for you.
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How Much Is Your Surgical Error Lawsuit Worth?
There is no fixed value for a surgical error lawsuit. The amount you may recover depends on the severity of your injury, the additional medical care you need, how the injury affects your ability to work and live your daily life, and the evidence available to support your losses.
Ankin Law can review your medical records, treatment needs, employment information, and other evidence to evaluate the damages associated with your claim. When appropriate, our attorneys may also work with medical experts, vocational experts, and other professionals to document the effects of your surgical injury and anticipated future losses.
What Damages Can You Recover After a Surgical Error?
If medical negligence caused your surgical injury, your claim may seek compensation for the financial and personal losses that resulted. Depending on how the error has affected you, recoverable damages may include:
- Medical Expenses: Your claim may include the cost of hospital care, corrective surgery, rehabilitation, follow-up appointments, medications, medical equipment, in-home care, and other treatment you need because of the surgical injury. Future medical expenses may also be recoverable when your injury requires ongoing care.
- Lost Income: If your injury kept you from working, you may be able to recover lost wages. A lasting injury that limits your ability to work may also support damages for reduced earning capacity and other employment-related financial losses.
- Pain and Suffering: Your claim may include compensation for physical pain, emotional distress, disability, and other ways the surgical injury has affected your quality of life. The value of these losses depends on the circumstances and evidence in your case.
The value of your surgical error claim cannot be determined from the injury alone. Ankin Law can evaluate how the error affected your health, finances, work, and daily life and pursue the compensation supported by the evidence.
Call Ankin Law at (312) 600-0000 for a free consultation about your surgical error claim.
Who Can Be Held Liable for Surgical Errors?
Your surgical error claim may involve more than one healthcare provider or medical facility. Depending on what caused your injury, potentially liable parties may include the surgeon, anesthesiologist, nurses, other members of the surgical team, or the hospital or surgical facility where your procedure occurred.
Ankin Law can review your medical records, the roles of the providers involved in your surgery, and the circumstances surrounding the error to determine whose conduct may have contributed to your injury. Potentially responsible parties may include:
- Surgeons and Surgical Team: A surgeon may be liable when a failure to meet the applicable standard of care causes your injury. Nurses, anesthesiologists, surgical technicians, and other providers may also bear responsibility when their own negligent acts or omissions contribute to the harm you suffered.
- Hospitals and Surgical Facilities: A hospital or surgical facility may face liability for its own negligence, such as failures involving staffing, safety procedures, equipment, or supervision. A facility may also face liability for the negligence of certain healthcare providers depending on the employment or agency relationship and the circumstances of your care.
- Other Healthcare Providers: Your injury may involve negligent care before, during, or after surgery. Depending on the facts, other physicians or healthcare providers involved in preparing you for surgery, monitoring your condition, or providing postoperative care may also require investigation.
Identifying every potentially responsible party can affect your claim and the compensation available for your losses. Our Chicago surgical error lawyers can investigate who was responsible for your care, what went wrong, and whose actions may have contributed to your injury.
Common Types of Surgical Errors
Surgical errors can happen before, during, or after your procedure. Some involve an obvious mistake, while others require a closer review of your medical records and the care you received. Common surgical errors that may lead to medical malpractice claims include:
Wrong-Site Surgery
Wrong-site surgery, sometimes classified as a “never event,” occurs when a procedure is performed on the wrong patient, the wrong body part, or the wrong side of the body. If you experience a wrong-site surgery, you may require additional treatment or corrective surgery and suffer lasting harm from the error.
Surgical Instruments Left Inside the Patient
Sponges, surgical instruments, and other objects can sometimes be unintentionally left inside a patient after surgery. These “retained surgical items” can cause infections, internal injuries, pain, and other complications. You may also need another procedure to locate and remove the retained object.
Anesthesia Errors
Anesthesia errors can occur when a provider administers an incorrect dose, fails to properly monitor your vital signs, or fails to account for relevant medical conditions, medications, or other risk factors. Depending on the circumstances, an anesthesia error can cause serious injuries or medical complications.
Infection and Postoperative Complications
An infection or complication after surgery does not automatically indicate medical malpractice. However, you may have a claim if negligent sterilization practices, inadequate monitoring, delayed treatment, or another failure to meet the applicable standard of care caused or worsened your condition. Serious postoperative infections can progress to sepsis or septic shock.
If you developed an unexpected injury or complication after surgery, determining whether you have a malpractice claim may require examining what happened before, during, and after your procedure.
Your medical chart may not be the only source of evidence showing what happened during your surgery. Depending on the procedure and facility, records may include the operative report, anesthesia record, medication administration record, nursing notes, imaging, laboratory results, surgical counts, and documentation identifying members of the surgical team.
These records can help establish when a complication developed, what steps medical providers took, and whether your care changed during or after the procedure. For example, surgical count records may become important when a sponge or instrument was left behind, while anesthesia records can show medications, vital signs, and monitoring during surgery.
Your surgical error lawyer can review these records with qualified medical professionals and compare the care you received with the applicable standard of care. That review may help identify where an error occurred and whether it contributed to your injury.
What to Do After a Surgical Error
If you suspect a surgical error caused your injury, it is important to take the following steps to protect your health and your legal rights:
Seek Medical Attention
If you experience symptoms that cause concern after a surgical procedure, you should immediately seek medical attention. Doing so can help ensure you get the care you need to address the complications, and may aid in establishing the cause of your injury.
Collect Medical Records
Having your medical records can be essential for proving the elements needed for a successful surgical error claim. Ask for copies of your medical records related to the surgery and any follow-up care you receive.
Document Your Experience
Keep detailed notes about your experience. Note the date of your surgery, any complications you have faced, the onset and duration of symptoms, and any communications between yourself and medical professionals involved with your care.
Have Your Surgical Care Independently Reviewed
You may know that something went wrong without knowing what caused it. A surgical error lawyer can obtain the records surrounding your procedure and work with qualified medical professionals to evaluate the care you received. That review can help determine whether a medical error occurred, who may be responsible, and whether the error caused your injury.
Get Answers About Your Surgical Injury
You trusted your medical team to provide appropriate care. If a surgical error left you with a new injury, additional medical treatment, lost income, or lasting health problems, you have the right to find out what went wrong. Ankin Law can investigate your surgery, review the medical evidence, identify who may be responsible, and pursue compensation for the harm caused to you.
Call Ankin Law at (312) 600-0000 for a free consultation with a Chicago surgical error lawyer. There are no upfront attorney fees, and you pay no attorney fee unless we recover compensation for you.
Frequently Asked Questions About Surgical Error Lawsuits
Surgical error claims often raise questions about whether a complication amounts to malpractice and how long you have to take legal action. The answers below address several issues that may affect your claim.
Does a Bad Outcome After Surgery Mean Medical Malpractice?
No. A poor outcome or known surgical complication does not automatically establish medical malpractice. You generally need evidence that a healthcare provider failed to meet the applicable standard of care and that the failure caused your injury. Reviewing your medical records and the circumstances surrounding your procedure can help determine whether your injury may have resulted from negligence.
Can You File a Surgical Error Lawsuit if You Signed a Consent Form?
Signing a consent form does not necessarily prevent you from filing a medical malpractice lawsuit. Informed consent generally acknowledges known risks associated with a procedure. It does not give a surgeon or another healthcare provider permission to provide negligent care. Whether you have a claim will depend on what happened and what caused your injury.
How Long Do You Have to File a Surgical Error Lawsuit in Illinois?
In Illinois, you generally have two years from the date you knew or reasonably should have known of the injury to file a medical malpractice lawsuit. In most cases, a claim cannot be filed more than four years after the act or omission that caused the injury. Exceptions can affect these deadlines, so you should have your case reviewed promptly if you suspect a surgical error.
What if You Did Not Discover the Surgical Error Right Away?
Some surgical errors are not discovered until weeks, months, or even years after a procedure. A retained object, internal injury, or other complication may not cause obvious symptoms immediately. When you discovered or reasonably should have discovered your injury can affect the deadline for filing your claim, making a prompt legal review important.
Can You File a Surgical Error Lawsuit if Your Surgery Was at an Outpatient Surgery Center?
Yes. A surgical error claim is not limited to procedures performed in hospitals. If you were injured during a procedure at an outpatient surgery center or another medical facility, you may have a claim against the healthcare provider or facility responsible for negligent care. Liability will depend on what caused your injury, who was responsible for your care, and the relationship between the providers and facility.
Big thank you to Attorney Joshua Rodolfi and his amazing assistant Cassandra!! Wow, when the settlement negotiations start, they are lightning fast. Always answered every question promptly and I would highly recommend them! Excellent Attorney and assistant, Excellent Law Firm !!!