Wrong-site surgery is an alarming surgical mistake where a doctor operates on the wrong part of your body. If you experience this mistake, you have specific legal rights. You also have options for recourse. It’s essential to understand the steps you can take to protect your health and legal rights.
Immediate steps to follow
If you suspect a wrong-site surgery, seek medical attention first. Your health is the priority; if necessary, seek treatment for any complications resulting from the error.
It is also recommended that you keep a detailed record of all medical appointments. This record should include treatments and communications related to the error.
Another important step is to report your incident. File a complaint with the medical facility where the incident occurred. This is useful for two reasons: it creates an official record and it prompts internal reviews in hopes of avoiding future errors.
Seek legal recourse
Texas law provides several ways for patients harmed by surgical errors to seek justice and compensation. There are a few legal caveats you should consider as well.
The statute of limitations in Texas is two years from the date of the incident, so be sure to file your claim as soon as possible. You have the right to file a medical malpractice claim against the surgeon, medical staff, or hospital that was responsible for the wrong-site surgery.
Additionally, laws cap non-economic damages in medical malpractice cases, such as pain and suffering. In Texas, no single medical facility is liable for more than $250,000 per claimant. This limit does not apply to damages such as lost wages or medical bills.
Find help
In the case of a wrong-site surgery you may appreciate the help of a medical malpractice attorney. They can play a role in navigating legal action, help gather necessary evidence, and represent you in court if needed.
Texas offers several no-fault compensation programs for medical errors to help the injured party without needing to go to court.
Work through the aftermath of a surgical error
Dealing with the aftermath of a wrong-site surgery can be overwhelming. By understanding your rights and how to legally reconcile the medical mishap you’ve experienced, you can get the support you need for your case.