Law Offices of Dr. Bruce G. Fagel, Medical Malpractice Attorney
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Medical Malpractice Information Center

Surgery Errors & Malpractice

Any surgery can be potentially hazardous to any patient, such that a bad outcome or even death can occur even if the absence of any surgical negligence. However, most elective surgeries, and many other types of surgical procedures, have a very low incidence of complications or death, and when a death or any significant injury occurs to a patient from such a surgery, there is a higher likelihood of surgical negligence. If the negligence occurs during the surgery, it may be more difficult to prove such a case, because the only witnesses are the medical staff, and the only written record of the surgery, is that dictated note by the surgeon which is prepared after the surgery. However, many cases of surgical negligence occur has a result of poor post-operative care, including a  failure to diagnose a complication or problem from the surgery itself. Many surgeons are reluctant to identify and admit that a patient may be bleeding, which requires immediate re-operation, until after it is too late to save the patient. Thus, in any surgical patient who dies, or who suffers a significant injury after the surgery, requires a careful review of the medical records, including the post-operative records from the nurses in the hospital.

Types of medical malpractice may include: 

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