What Compensation Can You Receive for Surgery-Related Injuries?

According to the National Institute of Health, roughly 310 million surgeries are performed around the world every single year. Research estimates that around 15 million Americans undergo 40 to 50 million of those surgeries each year, making surgical procedures and hospital stays a routine part of life for many individuals and families in the U.S.

Despite the increasing prevalence of surgical procedures — driven in part by the rise of elective and cosmetic surgeries — surgical practices still carry significant health risks for patients from all walks of life. When a patient experiences complications during or after surgery, they often find themselves facing new personal, professional, and financial challenges as a result. For this reason, many patients and their families choose to seek compensation for expenses related to their surgical injuries. Here is a brief overview of the kinds of compensation that may be available to plaintiffs in these cases, as well as a comprehensive look at the specific laws governing medical malpractice claims in D.C. and West Virginia.

What are surgery-related injuries?

Surgical procedures can carry significant risks for patients of all ages, backgrounds, and abilities. Unfortunately, surgical complications often have far-reaching consequences for patients and their loved ones, which is why it is so important for medical teams and healthcare facilities to take steps to mitigate risks to the best of their abilities.

Surgical injuries can occur for a number of different reasons, including medical errors, negligence, and unforeseen complications. Here are a few examples of common injuries that patients may find themselves navigating after a major medical procedure:

• Infections
• Retained surgical bodies (items left behind during surgery, such as sponges, instruments, etc.)
• Wrong-site surgeries
• Anesthesia-related complications
• Organ damage
• Nerve damage
• Blood clots
• Hemorrhages
• Stroke
• Heart attack
• Death

There are many factors that can contribute to the incidence and severity of surgical errors. For example, if a patient is misdiagnosed, they may undergo unnecessary procedures that have long-lasting effects on their health. The expenses, emotional toll, and ongoing inconvenience posed in these cases can be incredibly burdensome for patients and their families, which is why many individuals who find themselves in these challenging positions choose to seek compensation for their losses.

How common are surgery-related injuries?

It is difficult to say exactly how common these surgical injuries are because it is not always immediately clear if a surgery directly led to a patient’s worsening condition. However, research generally shows that:

• Up to 15% of surgical patients will experience postoperative complications that result in temporary or permanent disability.
• 5-15% of patients will have to be readmitted within 30 days of their operation.
• 1-4% of patients will die.

Death after surgery is currently considered the third leading cause of death around the world and is particularly common in low and middle-income countries. However, even in the United States, surgical complications and post-operative mortality remain major causes for concern.

It’s important to note that while many people think that patients are at the highest risk of death or injury while they are on the operating table, patients are actually far more likely to die in the days and weeks immediately following an operation. This speaks to the importance of dedicated and attentive post-operative care and highlights the potentially fatal consequences of negligence within healthcare facilities.

Is it medical malpractice?

There is a certain level of risk inherent in any medical procedure. However, it is the responsibility of providers and facilities to mitigate those risks whenever and however possible. While some surgical complications cannot be foreseen or avoided, there are plenty of other negative surgical outcomes that could be seen as directly attributable to the actions or inactions of the healthcare professionals tasked with prioritizing patients’ safety.

When assessing whether a surgery-related injury was the result of medical malpractice, patients and their legal representatives generally need to prove that:

1. The surgeon and/or hospital had a legal duty to care for a patient.
2. The patient suffered verifiable harm while under the care of the hospital or provider.
3. The harm suffered by the patient was the result of the hospital and/or surgical team failing to exercise the requisite level of care expected of them.

For example, let’s consider the case of a patient who, while undergoing a fairly standard abdominal procedure, sustains an injury at the hands of their surgeon. In this case, the surgeon accidentally cut the patient’s bile duct, and the surgical team failed to notice the injury before closing up the surgical site. In the days and weeks following the procedure, the patient began presenting with new complaints and was experiencing substantial levels of pain. Upon further medical evaluation, the surgical error is discovered and must be rectified with additional surgical procedures. As a result of this error, the patient must spend more money on medical treatment and take more time off from work, all while experiencing pain and suffering that could have been avoided if the surgical team had been more attentive.

In this case, the hospital had a legal obligation to treat the patient with the highest possible standard of care. However, the standard of care was breached when a surgical error occurred and was not immediately addressed. This breach in care resulted in additional harm being caused to the patient, and there was tangible evidence of the patient’s ensuing pain and suffering. A case like this would likely rise to the standard of medical malpractice and could be the basis for a malpractice claim or lawsuit.

What kinds of compensation are available to victims of medical malpractice?

If a patient can prove that they suffered a surgery-related illness as the result of medical malpractice, the patient may choose to seek compensation pursuant to local legal guidelines. In general, these are the types of compensation available to victims of medical malpractice:

Economic damages

Perhaps the most common form of compensation sought in medical malpractice cases is compensation for economic damages. Plaintiffs in these cases can seek compensation for any measurable financial losses that were incurred as the result of a healthcare provider’s negligence.

Some common expenses that fall into this category include hospital bills, prescription costs, and follow-up doctor’s visits. Plaintiffs can also seek compensation for economic damages like lost wages and reduced earning capacity, particularly if a surgical injury has negatively impacted the victim’s ability to obtain gainful employment moving forward. In particularly unfortunate cases, economic damages can also be sought to cover the cost of more intensive medical care, such as housing in long-term care facilities.

Non-economic damages

In addition to the economic damages outlined above, patients who suffer surgery-related injuries may choose to seek compensation for non-economic damages related to their injuries. These damages are typically intended to compensate plaintiffs for any pain and suffering they experienced as a direct result of their surgery-related injury. This form of compensation can be used to compensate patients for their physical pain and suffering, as well as the emotional distress they may have experienced as a result of their surgery.

Many injured patients experience significant mental health challenges following a medical malpractice incident and may suffer long-term symptoms of anxiety, depression, and PTSD, among others. Damages for pain and suffering can also take into account how the plaintiff’s injuries affect their personal relationships and overall ability to enjoy life.

Punitive damages

When applicable, punitive damages may be awarded to punish egregious medical negligence and deter future malpractice. These cases are particularly unsettling as they involve situations in which a medical professional demonstrated actual malice towards a patient or knowingly exercised extreme disregard for the injured party’s safety and well-being. In these cases, courts may choose to assign punitive damages in an effort to financially penalize a defendant for his or her reckless and malicious conduct.

At a glance: Medical malpractice claims in Washington D.C. and West Virginia

The medical malpractice lawyers at Nace Law Group, specialize in supporting plaintiffs in D.C. and West Virginia. For over 40 years, the Nace Law Group team has been fighting for justice for medical malpractice victims and their families.

Here is a quick overview of some of the differences in medical malpractice law between D.C. and West Virginia:

 

	Washington D.C.	West Virginia
Damage Caps	No caps on economic or non-economic damages	No caps on economic damages; non-economic damages are capped at $250,000 in most cases
Statute of Limitations	Three years from the date the injury is incurred or discovered	Two years from the date the injury is incurred or discovered
Punitive Damages	No caps on punitive damages	Punitive damages capped at $500,000 or four times the amount of compensatory damages (whichever is greater)
Pre-Lawsuit Requirements	No certificate of merit is required, but both parties must participate in mediation and submit a mediation report to the court	A medical expert must submit a certificate of merit confirming the validity of a malpractice claim before any legal filing
Comparative Negligence	D.C. does not follow a comparative negligence model for determining fault in medical malpractice cases	Plaintiffs in West Virginia may not recover damages if they are determined to be more than 49% at fault for their own injuries

At Nace Law Group, we pride ourselves on having the first-hand experience and detailed knowledge necessary to help our clients navigate the specific requirements set forth by the court systems in both Washington, D.C. and West Virginia. Our knowledgeable and experienced attorneys, paralegals, and administrative staff can help point potential clients in the right direction when setting out on their medical malpractice journeys while helping them collect the information, evidence, and support they need to arrive at the best possible resolution for their case.

If you or a loved one have suffered a surgery-related illness in D.C. or West Virginia and are interested in exploring your legal options, you can reach out to our team through this contact form or contact our office at (202) 851-9899 to schedule your case consultation today.