When you or a loved one become victimized by medical malpractice in Virginia during a surgery, it can be devastating to you and your family. However, proving medical malpractice in Virginia is a very difficult problem. According to Falls Church, Virginia medical malpractice attorney, Michael Strong, it requires, by law, an independent written opinion from a qualified medical expert to verify the existence of a medical mistake and its resulting harm to the patient.
Substantial Injuries Must Directly Result From Malpractice
Often, it is difficult to separate what the surgical mistake was from the “normal” risks of surgery to the patient.
Injuries from a doctor’s negligence can be difficult to pinpoint because some injuries occur “normally” as a calculated risk during the course of a patient’s care. Not every bad outcome is a medical mistake rising to the level of malpractice.
According to Fairfax medical malpractice attorney Michael Strong, Virginia courts are reluctant to allow such cases to get to a jury trial unless clear medical evidence also supports the “causation” of an injury. And, it may be so expensive to hire a medical expert that only the more severe injuries prove cost -effective to bring to court.
For example, even when the mistake flows from something as obvious as a surgical instrument or supplies being left inside the patient after surgery, such as gauze or a scalpel, it may be difficult to prove what specific damage or further injury was done to the patient as a result of that mistake.
How to Confirm Malpractice Resulting from Surgery
Various x-ray scan technologies might be able to verify the existence of a foreign material left in your body, but your post-surgery discomfort may not be the result of that foreign material. Even when internal bleeding, infection, and/or displaced organs are detected, you must still show from medical expert testimony that these conditions were solely and directly resulting from the failure to remove the surgical material. Only then can you tell whether a doctor’s negligence entitles you to damages.
While each case is unique, some warning signs should trigger a question as to whether a doctor’s negligence may have occurred. For example, if you are experiencing the following symptoms after surgery:
- -trouble breathing
- -physical pain
- -stool discomfort
- -extreme pain near incision area
These symptoms may suggest a foreign body was left inside the patient after surgery. However, they are not conclusive of that fact. Further medical testing is required to confirm that fact.
If you detect any irregularities in your recovery, you will want to seek medical attention immediately. If so, consider these tips:
consider seeing a different doctor to evaluate your specific concerns and discomforts.
Be sure and ask for a copy of your x-rays as they can be very valuable in the process of proving surgical negligence.
Remember, most patients need a doctor when they are sick or injured in the first place. Medical malpractice, while rare, is very much on the increase in the United States.
Hiring an experienced medical malpractice attorney can help you minimize your risk of not recovering compensation. According to Falls Church, Virginia medical malpractice attorney, Michael Strong, many types of medical malpractice exist and thus require expert testimony to show that the doctor’s negligence was the actual and proximate cause of the patient’s injuries.
The Strong Law Firm has helped numerous clients receive fair compensation for their injuries caused by a doctor’s medical malpractice. For more information, please contact our Falls Church office today so we can begin helping you.