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Mistakes during medical procedures can cause serious harm. When preventable errors occur, patients have the right to seek compensation. Maurice Blackburn’s surgical negligence lawyers assist individuals in holding medical professionals accountable for substandard care.
What is surgical negligence?
Surgeons, anaesthetists, and other medical professionals must provide care that meets a reasonable standard and protects patients from avoidable harm. This includes care provided prior to, during and following surgeries or other medical procedures.
Not all complications resulting from surgery or other procedures are the result of negligence. A claim is only possible if the care provided by a medical professional fails to meet the expected standard, resulting in injury, further medical treatment, or long-term health consequences.
How do surgical errors happen?
Negligence can happen in both medically necessary procedures and elective surgeries, such as those involved in cosmetic and plastic surgery claims. In many cases, surgical errors are compounded by broader issues including:
Surgeons or staff may not be properly qualified for certain procedures.
Long hours or substance use can affect a healthcare worker’s ability to focus.
Misunderstandings between surgical teams can lead to mistakes, like wrong-site surgery.
Skipping essential steps or not following checklists can lead to injury.
Using broken tools or products that are or may be faulty can lead to injury.
Errors in labelling or preparation can result in the wrong procedure being performed.
Not considering existing conditions can increase the risk of complications.
Common types of surgical errors
- Retained surgical items and foreign objects
- Injuries to nerves, vessels or other parts of the body
- Choosing the wrong surgical tool or using a tool in the wrong way
- Anaesthesia errors
- Delayed diagnosis of infections following surgery
- Performing surgery on a patient who is not an appropriate candidate
- Performing surgery on the wrong part of the body
- Performing surgery without consent
Can I make a surgical negligence claim?
For a claim to succeed, the below must be proven:
- Breach of duty - A medical professional must have failed to meet the expected standard of care.
- Causation - The harm suffered must be directly linked to the mistake made during surgery.
- Damage - Injuries, complications, or financial loss must have resulted from the negligence.
If you believe a preventable mistake during surgery has led to injury or complications, it's important to seek legal advice to understand your options and rights. Maurice Blackburn’s surgical negligence solicitors can help in this process.
How Maurice Blackburn can help
With decades of experience standing up for patients, Maurice Blackburn is committed to securing maximum compensation for those harmed by surgical negligence. Get in touch with us today for advice tailored to your situation or contact one of our office locations.
No Win, No Fee – What It Means for You
We offer ‘No Win, No Fee’ arrangements for many of our legal services. We fight to provide you with the best legal advice and representation while keeping our fees as low as possible.
Our lawyers will work with you through every step of the process
If a medical misdiagnosis has impacted your health, speak to Maurice Blackburn. Our expert lawyers will assess your case, explain your options, and guide you through the next steps to securing the compensation you deserve.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
No Win, No Fee
Home or hospital consults
Contact our expert medical negligence team
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Contact our expert medical negligence team
We have experts all over Australia ready to help you with your medical negligence claim.
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Marie Eberlein
Senior Associate, State Leader Medical Negligence, Medical injury
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Perth, WA
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(08) 6220 4300
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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.