When an organ has been punctured or perforated during surgery, the results can be devastating. If you or someone close to you has suffered this type of harm, you may be entitled to recover damages through a medical malpractice claim against the at-fault surgeon. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester surgical malpractice attorneys can help you and your family pursue the compensation you are rightfully owed for your injury.
Unfortunately, when an organ is perforated, not only is the vitality and functionality of that organ threatened, but also it can lead to loss of fluids, infection, rupture of sutures, and loss of blood through transport by the organ that is affected. In addition, harmful liquids and other materials from inside the organ can also be released inside the patient’s body. The bowel suffers the most as a result of an organ perforation during surgery. Other organs that are commonly affected are the stomach, liver, and intestines.
During an operation, it is possible for the patient to suffer an organ puncture or perforation due to a medical professional’s negligence, equipment malfunction, or other complications. Organ punctures or perforations are a common type of surgical malpractice. Errors in surgery, whether by an inadvertent slip of a hand or a tissue tear by an instrument during surgery, that lead to the perforation of an organ can have dire consequences.
Surgeons are professionally trained to prevent any damage to internal organs during or after surgery. In fact, surgical experts are expected to check and re-check for any signs of internal damage and immediately tend to any damage that occurs. Unfortunately, many surgeons overlook this and end up injuring the patient. When this happens, the surgeon may be liable for medical malpractice. Medical malpractice takes place when a surgeon fails to use the level of care and causation that a reasonably prudent surgeon performing the same surgery would have used. In order to establish malpractice, the plaintiff must prove the following:
- The surgeon owed the patient a duty of care;
- The surgeon deviated from the recognized standard of care;
- The surgeon’s deviation was a direct cause of the plaintiff’s injury; and
- The injury itself is compensable.
Each of the aforementioned elements must be established before any compensation can be recovered by the plaintiff. If any one of the elements is not shown, the plaintiff will not be able to recover damages.
As mentioned earlier, sometimes an equipment malfunction is to blame for organ puncture or perforation. Hospitals and surgeons have a responsibility to determine whether the surgical equipment is defective and be well informed about instruments that may have a propensity to malfunction.
If you or a family member has suffered an organ puncture or perforation due to a surgeon’s negligence, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester surgical malpractice attorneys are committing to fighting for the rights of patients. With years of experience, we are well versed in virtually all types of malpractice claims and can apply our knowledge to use in your case. To speak to us in more detail, call us today at 315-479-9000 or contact us online.
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