If you experience complications from a surgical mistake, knowing what steps to take can be crucial for strengthening your medical malpractice lawsuit and maximizing your compensation.
The first step is to recognize the signs of a surgical mistake and seek medical care. Then, it’s important to document your injury and avoid discussing it with insurance adjusters. And finally, you must consult an experienced medical malpractice lawyer who can represent your best interests.
Signs You May Be the Victim of a Surgical Error
If you notice any of the following signs, it may indicate that you are the victim of a surgical error that could jeopardize your well-being:
- Persistent or worsening pain in the area where your surgery was performed
- Signs of infection, such as excessive redness, inflammation, or persistent fever
- Abdominal pain or other signs of organ dysfunction
- Nerve damage, including numbness, tingling, or weakness in the affected area
- Lumps caused by foreign objects being left in your body post-surgery
If you experience these symptoms or your condition is deteriorating, it’s vital that you take additional steps to protect your health and strengthen your case against the at-fault medical provider.
Seek Medical Care
After identifying signs of a surgical error, it’s essential to seek immediate medical treatment. By seeking treatment, you will not only prevent your condition from worsening and complications from arising, but you will jumpstart your legal case.
When you get medical care, your treating doctor will note your condition in your medical records. These notes are crucial for proving that the doctor who performed the surgery made a critical error that caused you harm.
Later on, when you retain a lawyer, they may speak to your treating doctor to learn more about the injury you sustained due to the surgical mistake and have them testify on your behalf.
Document Your Injury
It’s essential that you keep detailed notes on your condition over time. This includes writing down your daily pain levels and the impact your injury has on your ability to work and your personal life.
These notes can be vital for proving the severity of your injuries during your case. For example, if the at-fault doctor’s insurance company attempts to claim that you didn’t suffer harm due to the error, you can show that the complications caused by the botched surgery impacted your ability to earn an income.
If your injuries are visible, it’s also important to photograph them over time to document their healing or worsening.
Avoid Discussing Your Case
The at-fault surgeon’s insurance company may contact you for a statement about the surgery that harmed you or your condition. You should politely decline to speak with them and instead direct them to your lawyer.
The insurance adjuster’s job is to get you to say something they can use to deny or devalue your claim, so it’s best not to engage with them at all.
It’s also a good idea to lock down your social media accounts and avoid posting on them until your case is resolved. The insurance company will monitor your accounts and may even take your posts out of context to harm your case.
Contact Our New England Medical Malpractice Lawyers
If you sustained injuries caused by a surgical mistake in Rhode Island or Massachusetts between Cape Cod and Boston, contact DeLuca, Weizenbaum, Barry & Revens, Ltd., for a free consultation about your case. Our firm has a proven track record of helping victims recover the compensation they need for more than 30 years, including one case resulting in a $21 million award for our client.
We’ll help you understand your options for seeking compensation and walk you through what to expect from a medical malpractice lawsuit. Don’t wait. Let our team help you get started today.