Trusted Surgical Error Attorneys Grand Rapids, Michigan

Some surgery errors happen before the surgery even happens. These types of errors include:

• Picking the wrong surgery
• Not properly evaluating the patient as a surgery candidate
• Not administering proper pre-operative treatments or medications

Other surgery errors occur during the surgery itself:

• Injury to bowel or bladder during abdominal surgery resulting in infection
• Nerve injury
• Operating on the wrong body part
• Too much anesthesia
• Leaving foreign objects in the body

And some errors in surgical care happen after the surgery:

• Failing to timely diagnose and treat an anastomotic leak
• Failing to timely diagnose and treat a perforation
• Failing to timely diagnose and treat an infection
• Failing to take appropriate DVT prophylactic measures
• Administering too much pain medication
• Failing to identify respiratory distress

Our client, Karl Thomsen, was a victim of these types of surgery errors. We were so honored to represent him, and then his family, and win his case at trial (the first win for a Plaintiff in Grand Traverse County in almost 30 years). Karl was a long-time hospital employee. He chose to sue his surgeon after watching the medical care that was being provided go downhill. Karl wanted to shed light on the poor quality of care that we being delivered in Grand Traverse County, in hopes that the quality of care would improve for all patients. We share that hope with every medical malpractice lawsuit we file.

There are a variety of factors that can differentiate a recognized risk of surgery from a negligent error. These can include:

• Failure to properly identify anatomy
• Rushing
• Miscommunication between surgeons and staff
• Letting the patient make doctor decisions
• Distraction
• A “surgeon is always right” attitude
• Incomplete or poor pre-operative assessment
• Lack of staffing

And some surgeons are just not good surgeons. There is one repeat offender that has been sued nine times. In cases like that, we also look at whether the hospital was negligent in hiring or credentialing the surgeon.

Recoverable damages is case specific. If a patient dies because of a surgical error, his or her loved ones may be entitled to money damages for loss of the patient’s financial support as well as money damages for their emotional loss through a wrongful death action.  If the patient lives, but requires additional surgeries and medical care, he or she may be entitled to money damages for lost wages, loss of future earning capacity, past and future medical care.

If you believe that you or a loved one suffered injury and damages due to negligence at the hands of medical professionals, contact Hoffer & Sheremet. The next steps would typically include the following:

• Gather and review medical records;
• Retain expert witnesses;
• Speak to treatment providers about your prognosis;
• Interview you and close loved ones regarding the impact the injury has had on your life;
• Calculate your medical expenses, out of pocket expenses, lost wages, loss of future earnings and other economic damages;
• Send a demand letter to the hospital and medical providers to attempt pre-suit settlement;
• Serve a Notice of Intent on the hospital and medical providers;
• At the expiration of the Notice of Intent waiting period, file the Complaint and Affidavit of Merit to initiate litigation;
• Conduct discovery;
• Handle motions, court proceedings, and facilitation;
• Try the case if there is no settlement.

You, or a loved one, are injured because of a hospital or medical provider’s failure to timely diagnose and treat sepsis may be entitled to compensation in the form of economic and non-economic damages. The amount of compensation is determined by many factors, including the severity of the injury, the impact on the patient’s ability to lead his or her life, medical costs, lost wages and loss of future earnings. Unless the injury caused by the medical malpractice is hemi- para- or quadriplegia, permanently impaired cognitive capacity, or permanent loss of or damage to a reproductive organ resulting in an inability to have children, the non-economic damages like pain and suffering will be limited to a maximum of $477,900. If the lawsuit is on behalf of a deceased patient, compensation is dictated by Michigan’s wrongful death act and includes reasonable medical, hospital, funeral and burial expenses, reasonable compensation for the conscious pain and suffering of the patient between the time of the injury and his or her death, and damages for loss of financial support and society and companionship of the deceased.