A second surgery, unexplained internal damage, or a complication that doctors cannot easily explain can raise serious questions about the first procedure. A surgical error lawyer in Nashville can review whether the injury came from a preventable mistake during surgery or recovery.
With more than 100,000 clients served, Wettermark Keith has seen how much can depend on the details of an injury claim. A Nashville medical malpractice lawyer can review the surgical record and what happened during recovery.
If you suspect something went wrong during surgery, call us for a free consultation. We can start with what your doctors told you and what happened next.
When a Surgical Complication Raises Legal Questions
A complication can raise questions when the recovery does not match what the surgical team expected. A second operation, unexplained bleeding, nerve damage, or a new injury after the procedure can all point to something that deserves a closer review.
A Nashville personal injury lawyer can trace what happened before, during, and after the procedure. We look at the reason for surgery, the plan the medical team documented, what the operative record shows, and how doctors responded when your condition changed.
Sometimes the concern becomes clear right away. Other patients learn months later that a nerve, organ, or other structure suffered damage during the procedure. We compare what happened with what your medical team should have done under the circumstances.
Tennessee Law and Surgical Malpractice Claims
In a surgical malpractice case, the law looks at what a qualified provider should have done under similar circumstances. Tenn. Code Ann. § 29-26-115 also requires proof that the provider’s care fell short and that the patient suffered harm because of it.
Medical testimony usually plays an important role because surgery involves decisions that fall outside everyday knowledge. A qualified medical professional can explain what another provider in the same profession or specialty should have done in the same community or a similar one.
The records can show how the operation actually unfolded. Operative notes can describe what the surgeon did, anesthesia records can show what happened during the procedure, and post-operative notes can reveal when staff first saw signs that something was wrong.
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What Types of Surgical Errors Can Lead to a Claim?
A surgical error can happen at several stages of a procedure. Some involve the surgeon’s actions in the operating room. Others involve anesthesia, communication between team members, equipment, medication, or the care provided immediately after surgery.
Examples can include the following:
- Surgery on the wrong body part or wrong patient
- Damage to an organ, nerve, blood vessel, or other structure
- A surgical instrument or material left inside the patient
- Anesthesia dosage or monitoring errors
- Failure to control significant blood loss
- Failure to follow appropriate infection-control practices
- Failure to recognize a serious post-operative complication
The type of error can affect which records we need and which providers require closer review. A case could involve a surgeon, anesthesiologist, nurse, hospital, or another health care provider whose conduct contributed to the injury.
How a Nashville Surgical Error Attorney Reviews the Operative Record
A surgeon’s operative note explains what happened in the operating room, but other records can add important context. We also review anesthesia notes, nursing records, imaging, pathology, and later treatment to see how the patient’s condition developed.
A Nashville surgical error attorney can also compare the planned procedure with what actually occurred. If a doctor encountered an unexpected condition, changed the procedure, or documented a complication, the records can help explain when that happened and how the medical team responded.
Post-operative care can become just as important. New pain, abnormal vital signs, blood loss, infection, or other symptoms can require prompt attention. We look at when the staff noticed those signs and what they did next.
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Medication Errors During Surgery and Recovery
Some surgical injuries come from the medication received during the procedure. A patient could receive the wrong drug, the wrong dose, or medication at the wrong time, with consequences that show up during surgery or shortly afterward.
Nashville medication errors lawyers can review the medication orders, administration records, and notes from the surgical team. Those records can help show whether the patient received the intended drug and dose and what happened next.
A Nashville medication error claim can overlap with a surgical malpractice case when the medication mistake happens as part of the procedure or post-operative care. We look at who ordered the drug, who administered it, and how the error affected the patient’s health.
What Can a Surgical Error Claim Include?
A surgical injury can create medical needs that were never part of the original treatment plan. You could need another operation, a longer hospital stay, rehabilitation, medication, home care, or additional time away from work because of the injury.
Depending on the harm caused, a claim can include the following:
- Additional medical treatment and future care
- Lost wages and reduced earning ability
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Permanent impairment, scars, or disability
The claim looks at the harm caused by the surgical error. That can include extra treatment, a longer recovery, or new physical limitations. Medical testimony can help explain which problems came from the original condition and which came from the mistake.
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Tennessee Deadlines and Pre-Suit Requirements
The date of the surgery can become important very quickly. Under Tenn. Code Ann. § 29-26-116, Tennessee generally uses a one-year limitations period, although later discovery of the injury can affect when that period begins. A three-year statute of repose also applies in many cases.
Tennessee also requires pre-suit notice before a patient files many health care liability lawsuits. Under Tenn. Code Ann. § 29-26-121, you generally must give each provider you plan to name as a defendant at least 60 days’ notice before filing the complaint.
A later diagnosis or second procedure can change how the dates look. We compare when the surgery happened with when doctors first identified the injury and when you learned that the two could be connected.
When Something About the Surgery Still Does Not Add Up
Maybe another doctor found damage no one mentioned after surgery. Maybe you needed an unexpected second operation. Sometimes the concern comes from a recovery that does not match what your medical team told you to expect.
Wettermark Keith has recovered over $1.5 billion for clients. We can examine the surgical record and later treatment to see whether the care points to a preventable medical error.
Our surgical error law firm in Nashville can answer your questions and review your case during a free consultation. Call us when you are ready to talk about what happened.
Call or text (615) 444-3333 or fill out our Free Case Evaluation Form to get started