My Operation Left Me Disabled - Can I Sue?

 Posted on July 22, 2024 in Medical Malpractice

Surgical operations are major medical procedures and patients expect their medical team to take the utmost care as they operate. However, surgeons and other medical staff involved in an operation may act negligently, leading to surgical errors and permanent injuries or disabilities to patients. A compassionate Illinois personal injury lawyer can help you explore your legal options if you have been left disabled after an operation.

Surgical Errors Can Result in Permanent Disability

According to a 2020 study published in The BMJ, around one in twenty patients suffers from preventable harm during medical care. When it comes to surgical procedures, this harm can result in life-altering impacts for the patient, as surgical procedures are invasive and come with inherent risks.

Surgical errors that can result in permanent disability to patients include:

• Operating on the wrong side of the body

• Operating on the wrong patient

• Performing the wrong surgery on a patient

• Operating without proper training

• Operating under the influence of drugs or alcohol

• Failing to follow proper procedures during the operation

Additionally, if a doctor or surgeon does not speak with a patient about the risk a surgery holds or if a surgeon misleads a patient about the nature of a surgery, such as indicating a surgical procedure is routine when it might actually be experimental, the doctor or surgeon may be liable for any damages that occur.

Pursuing an Illinois Medical Malpractice Claim

Surgical errors, including operations that leave patients permanently disabled, may fall under the category of medical malpractice claims in Illinois. You may be able to pursue a case if you have been left injured or disabled after an operation. 

Under Illinois law, you will need to prove the following to pursue an Illinois medical malpractice claim:

• Your surgeon was negligent in providing care

• The negligence of your surgeon caused the injury or permanent disability

• You sustained damages from the injury

Additionally, you will need to file your medical malpractice claim within the state’s statute of limitations. In Illinois, this is two years from the date the injury occurred or two years from the date of the discovery of your injury. Keep in mind that you cannot file a claim more than four years after an injury, regardless of when you discovered the injury.

Some exceptions do apply to this statute of limitations, such as when a minor patient experiences medical malpractice. In this case, the statute of limitations extends to eight years from the date the error occurred to file a claim, and the claim must be filed before the minor’s twenty-second birthday.

Contact a Chicago, IL Personal Injury Attorney

Dealing with the aftermath of a surgical error can be traumatic to patients, and many victims of surgical errors may not be able to enjoy life the same way they were able to before an operation. If you have suffered a surgical error that resulted in permanent disability, you may be able to pursue a claim against the negligent medical provider.

One of our skilled Chicago, IL surgical error injury lawyers can help you navigate a medical malpractice case and pursue the compensation you deserve. At Winters Salzetta O'Brien & Richardson, LLC, we have a strong track record of success and experience with medical malpractice cases.

Call 312-236-6324 for a free consultation.