Undergoing surgery is often a necessary step to treat an illness or injury, but what happens when a surgical procedure causes more harm than good? Surgical errors can lead to severe injuries, prolonged suffering, and unexpected financial burdens. If you or a loved one has been harmed due to a surgical mistake, you may be entitled to compensation under Queensland law.
What Constitutes a Surgical Error?
Surgical errors occur when a healthcare professional deviates from the accepted standard of care, resulting in injury to the patient. Such errors can have devastating health consequences on the patient in question. Common examples include:
– Performing the wrong procedure or operating on the wrong body part.
– Leaving surgical instruments or foreign objects inside the patient.
– Injuries to surrounding organs or tissues.
– Post-surgical infections due to unsanitary conditions or improper aftercare.
– Administering incorrect doses of anaesthesia, leading to complications or trauma. While not all surgical complications are the result of negligence, it is crucial to investigate if your injury was preventable and caused by substandard care.
– Failure to provide informed consent; such as failing to forewarn the patient of the possible risks or consequences associated with the surgical procedure.
Your Rights as a Patient in Queensland
Under Queensland law, patients harmed by surgical errors may be entitled to make a claim for medical negligence. To succeed, you must establish that:
- The medical professional owed you a duty of care (this is typically straightforward for doctors and surgeons as there exists an ingrained duty of care between doctors and patients).
- There was a breach of that duty of care—meaning the surgeon or medical team failed to meet the standard expected of a reasonably competent professional. This will often include seeking a second opinion from another doctor.
- The breach caused your injury or worsened your condition.
Types of Compensation Available
If your claim is successful, you may be entitled to recover compensation for:
Medical expenses: This includes the cost of corrective surgeries, rehabilitation, and ongoing medical care.
Lost income: Compensation for past and future loss of earnings if your injury affects your ability to work.
Pain and suffering: Recognition of the physical and emotional toll caused by the injury including an allowance made for the injury itself.
Care and assistance: Costs for any support required (whether paid or from friends and family), such as home modifications or in-home care.
What Steps Should You Take?
If you suspect that you have been injured due to a surgical error, it’s important to act quickly. You should report the injury to your treating doctor or GP and seek medical advice as soon as possible. In addition, you should consider reaching out to a personal injury lawyer who may be able to provide advice with regards to your options.
How We Can Help
At Littles Lawyers, we understand the physical, emotional, and financial challenges caused by surgical errors. Our team of experienced personal injury lawyers are dedicated to helping you secure the compensation you deserve.
If you have been injured due to a surgical mistake, contact us today for a free, no-obligation consultation to discuss your options. Your health and well-being should never be compromised. Let us help you hold negligent parties accountable and achieve the financial security you need to move forward.
