What Damages Can Be Recovered During a Successful Surgical Error Lawsuit?

Surgical errors can occur, and when they do, you might have grounds for a lawsuit. A surgical error lawsuit typically falls under the umbrella of medical malpractice, where a patient seeks compensation for harm caused by a healthcare professional's negligence. An experienced surgical error lawyer in Baltimore, MD can tell you more about whether your specific case qualifies and what damages you can potentially seek.

Types of Damages in Surgical Error Lawsuits

There are several types of damages you might be entitled to recover, generally classified into three categories: economic damages, non-economic damages, and, in rare cases, punitive damages.

Economic Damages

Medical Expenses

This includes costs for additional medical treatments, surgeries, or hospital stays needed due to the surgical error. Future medical expenses, such as ongoing therapy or rehabilitation, can also be claimed.

Lost Wages and Earning Capacity

If the error results in your inability to work, either temporarily or permanently, you can claim compensation for lost wages. This also extends to a diminished earning capacity if the error affects your long-term earning potential.

Non-Economic Damages

Pain and Suffering

This covers the physical and emotional distress caused by the surgical error. It accounts for the pain, discomfort, and emotional trauma you endured.

Loss of Enjoyment of Life

If the error leads to long-term or permanent disabilities that prevent you from enjoying your life as you did before, compensation can be sought for this loss, too.

Disfigurement and Physical Impairment

If the error causes scarring, disfigurement, or physical impairment, you may be entitled to compensation for these physical changes and their impact on your life.

Punitive Damages

These are rare in medical malpractice cases and are only awarded if the surgeon's actions were malicious or showed a reckless disregard for your safety. Punitive damages are meant to punish the wrongdoer rather than compensate you for a specific loss.

Proving Damages in Surgical Error Cases With the Help of Your Surgical Error Lawyer in Baltimore, MD

To recover damages, you must prove that the surgical error occurred due to negligence and that it directly caused your injuries or losses. This usually requires expert medical testimony, detailed medical records, and evidence of your financial losses. Collecting medical records, expert opinions, and financial documents is important, as this evidence will support your claims for damages and demonstrate the extent of your losses.

Medical experts often play a key role in proving negligence and the link between the error and your damages. They can explain how the error occurred, why it constitutes negligence, and how it caused your specific injuries or losses. A good surgical error attorney will have a network of experts to draw on who can help you. Check out this site to learn more about surgical error and other types of medical malpractice.

Things That Can Impact Your Compensation

Contributory Negligence

In some cases, the Maryland's strict contributory negligence laws might come into play. This means if you are found to have contributed in any way to the harm you've suffered (for example, by not following post-operative instructions), you might be unable to recover any compensation.

Settlement vs. Trial

Most surgical error lawsuits are settled out of court. Settlements can provide a quicker resolution and guaranteed compensation. However, if a satisfactory settlement isn't reached, the case may go to trial, where a judge or jury will decide the outcome.

Settlements may offer smaller compensation than you could potentially win in court, but with the advantage of getting that compensation quickly and with relatively little hassle. There's also the advantage of a guaranteed compensation amount. While courts sometimes award large and attractive settlements, they are also very unpredictable and side with medical professionals an amazing 8 out of 10 times, even if you have evidence on your side. Your lawyer can advise you on the best course of action for your case.

The Statute of Limitations

Be aware of the statute of limitations for medical malpractice claims in Maryland, which is generally five years from the time of the surgery or three years from the time the injury was discovered. This is the timeframe within which you must file a lawsuit, and missing this deadline can result in losing your right to seek compensation, regardless of the severity of the surgical error. There are some exceptions, but they are hard to qualify for, so talk to an attorney as soon as possible.

Seek Legal Assistance

A surgical error lawsuit can be among the most difficult lawsuits to bring, so always seek legal assistance from an attorney experienced in medical malpractice. Do this as soon as possible for the best result. It's not just about the statute of limitations: evidence degrades, memories fade, and the longer you wait, the more likely the other side is to claim that you weren't really harmed as badly as you claim.

Remember, each case is unique, and the type and amount of damages recoverable will depend on your specific circumstances. Talk to your lawyer right away about what damages to claim and what your claim might be worth.