Surgery is an intense procedure that requires a tremendous amount of focus and medical knowledge. Many complications can arise during and after surgery. For example, a person’s organs can bleed more than a surgeon anticipates, or they might feel symptoms such as pain or fevers after the surgery.
It becomes a problem, however, if it is unclear whether these problems are a result of unavoidable and expected complications or negligence and preventable errors. With this in mind, it is important to know how to determine if these complications are the result of medical malpractice.
What does it take for a complication to become malpractice?
Illinois defines medical malpractice as a breach of contract based on the health care services a medical professional provides to their patients. Thus, the state can potentially treat surgical errors as medical malpractice claims.
However, not every complication that arises during or after surgery is an error. Many risks come with surgery, and oftentimes the process of surgery itself results in painful side effects. For any complications or surgical errors to be considered medical malpractice, they must meet the following criteria:
- There is a duty of care between the surgeon and the patient.
- The surgeon did not meet the accepted standard of care.
- There is evidence that suggests the surgeon’s negligence is responsible for the injury.
- The patient is suffering physical, emotional or financial harm as a result of the error.
An example of a surgical error that falls under malpractice includes a doctor leaving medical instruments inside a patient’s body after surgery. On the other hand, this is not the case if a patient experiences pain in the area after a successful surgery, as pain is an expected part of the recovery process.
What should one do if they suspect a delayed complication?
If a patient suspects that their health care provider’s inability to act when complications arose led to more serious problems, they may be eligible for compensation. This can happen if a doctor downplays, ignores or fails to spot problems like pain, bleeding or infections during and after a surgical process.
Under Illinois law, many malpractice claims must go through an extensive medical review panel process before the case goes to court. The panel reviews all the evidence a provided and delivers an opinion about whether or not a health care provider breached their standard of care.
By being aware of when a health care provider fails to meet applicable standards, people can receive financial compensation. With some peace of mind, they can focus on taking the next steps towards recovering from any medical complications.