If you have ever had surgery, you know that it can be extremely daunting even if it is a minor procedure. Imagine knowing that the surgeon was performing another surgery at the same time. This is a surprisingly common practice. If you or your loved one was injured due to a surgeon’s negligence related to performing overlapping surgeries, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys are committed to holding negligent medical professionals accountable for the harm that they cause.
Concurrent surgeries, also known as overlapping or simultaneous surgeries, refer to situations in which the attending surgeon is responsible for two or more surgeries on different patients in different operating rooms at the same time for at least part of the procedure. An example of concurrent surgery would be if a surgeon is scheduled two perform two procedures in a day and preparation and procedure for one patient starts in one room as the care of another patient is completed.
Studies have been divided on the issue. Some studies have been published arguing that the practice is safe. However, other studies have highlighted that there is no reason to double book surgeries other than financial gain. In 2017, the Journal of the American Medical Association (JAMA) published a study concluding that overlapping surgery in complex neurosurgical cases can be performed without risking patient safety. However, in January of 2018, JAMA Intern Med released a study which found that overlapping surgeries led to significant increase in complications for patients undergoing hip replacements or other surgeries related to hip fractures.
Hospitals and healthcare providers have a duty to make sure that they are engaging in safe practices. If concurrent surgeries were the cause of your harm, you may be able to recover compensation through a medical malpractice claim. Surgery malpractice occurs when the surgeon fails to use the level of care that a prudent surgeon in the same specialty would have used in the same or similar circumstances. In some cases, both the surgeon and hospital may be liable for the surgeon’s negligence.
In April 2016, the American College of Surgeons updated its Statements on Principles to require patients to be informed about the fact that there will be overlapping surgeries as part of obtaining informed consent. As such, failure to advise patients of key risks could give rise to a malpractice claim. In other cases, if the patient is harmed because the surgeon was not there for critical parts of the procedure, the patient could likely sue for malpractice. Additionally, if overlapping surgery was the cause of patient harm because a surgeon failed to respond to an unplanned circumstance or emergency situation in a timely manner, that surgeon could be liable for malpractice.
If you or someone close to you has suffered harm due to overlapping surgeries, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Rochester surgery malpractice attorneys will evaluate the circumstances of your medical injury and inform you of your legal rights and options. To speak to a member of our team, call us at 833-200-2000or you can reach us online.
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