Misuse of Surgical Tools

Syracuse Malpractice Attorneys Helping Victims Recover Compensation

Surgeons use a wide array of surgical tools in their work. Advances in surgical technology have allowed them to perform surgery more effectively and efficiently. But human error poses a threat to patient health. When surgical tools are misused due to negligence, patients suffer the consequences. The medical malpractice lawyers at Cherundolo Law Firm, PLLC help patients injured by the misuse of surgical tools recover financial compensation.

All members of the surgical team are required to follow an established standard of care when it comes to the use of surgical tools. This includes surgeons, nurses, nurse assistants, and surgical technicians. Hospitals are required to set policies and procedures designed to ensure that this standard of care is followed at all times.

If you have suffered an injury as a result of the misuse of surgical tools, contact us for a free consultation Or call tel:(315) 544-3332.

Unfortunately, negligence can and does happen. Some examples of the misuse of surgical tools include:

• Improperly cleaning and sterilizing surgical tools
• Leaving a surgical tool inside a patient's body
• Using damaged or worn surgical tools
• Improper use of surgical tools

As result of this misuse, a patient can be left with an infection. Or a surgeon could puncture an internal organ, muscle or blood vessel. These types of injuries and infections from surgical errors are sometimes life-threatening. In some cases, a patient may be left with a disability. Even if the patient is able to recover fully, it could mean additional weeks or months of healing.

The Legal Process for Surgical Malpractice Cases

Pursuing a legal claim for surgical malpractice due to tool misuse involves several key steps. Here’s a breakdown of the process:

1. Initial Consultation with a Malpractice Attorney:

   • The first step is meeting with a malpractice attorney. They will review your case and determine if there’s enough evidence of negligence to move forward.
   • During this consultation, you’ll discuss the details of your surgery, the harm caused, and your medical history.

2. Investigation and Gathering Evidence:

   • Your malpractice attorney will investigate what went wrong during the surgery. This can involve obtaining your medical records, speaking to witnesses, and reviewing any available video footage of the procedure.
   • Medical experts are often brought in to assess whether the surgical team followed the proper standards of care and if any mistakes were made with the tools used.

3. Consulting Medical Experts:

   • Attorneys work with medical professionals who can testify to the standard of care expected in surgeries involving specific tools. These experts help explain how the misuse of surgical tools deviated from the norm and led to harm.
   • Expert testimony is crucial in demonstrating the link between the negligence and your injuries.

4. Filing the Lawsuit:

   • If there’s strong evidence of malpractice, your lawyer will file a lawsuit against the responsible parties (surgeons, nurses, hospitals, etc.).
   • The defendant will have the opportunity to respond, and both sides may engage in a process called discovery, where evidence is exchanged.

5. Negotiation and Settlement:

   • In many cases, the parties may agree to a settlement before going to trial. Your malpractice attorney will negotiate with the defendant’s insurance company or legal team to reach a fair settlement.
   • If a fair settlement isn’t reached, the case may go to trial.

6. Court Trial:

   • If the case goes to trial, your attorney will present the evidence, call experts to testify, and argue your case in front of a judge or jury.
   • A successful trial outcome will result in compensation for the victim.

Compensation for Surgical Tool Misuse

Victims of surgical malpractice can receive various types of compensation, including:

• Medical Expenses:

  • Compensation for the costs of medical treatments required to address the injuries caused by tool misuse. This includes surgeries, hospital stays, medication, and rehabilitation.

• Lost Wages:

  • If the injury causes you to miss work or leads to permanent disability, you may be compensated for lost wages and future income.

• Pain and Suffering:

  • You may receive compensation for the physical pain, emotional distress, and mental anguish caused by the injury and the prolonged recovery process.

• Long-Term Rehabilitation Costs:

  • If the injury requires long-term therapy, physical rehabilitation, or ongoing medical care, compensation can help cover those future expenses.

• Punitive Damages:

  • In cases of severe negligence, such as when a surgeon knowingly uses defective or improperly sterilized tools, punitive damages may be awarded. These are intended to punish the defendant and deter similar behavior in the future.

By working with experienced attorneys, victims can ensure they receive fair compensation for their injuries, helping to cover both immediate and future costs while holding negligent medical professionals accountable.

Unparalleled Experience That Gets Results

Cherundolo Law Firm, PLLC holds negligent medical professionals accountable and fights to help patients recover the compensation they need and deserve. Medical professionals, hospitals and insurance companies all have lawyers looking out for their interests. You need to contact a law firm with the experience and resources to fight back and do what's best for you.

Malpractice cases involving the misuse of surgical tools can be complex. Our legal team knows where to look for evidence of negligence. We conduct our own investigation into what happened and consult medical experts. If we can't negotiate a settlement with the insurance company that meets your needs, our skilled litigators are ready to fight for you in court.

If you have suffered an injury as a result of the misuse of surgical tools, contact us for a free consultation Or call tel:(315) 544-3332. We'll go over the details of your case and explain your legal options.