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Elmhurst Surgical Error Attorneys

DuPage County Surgery Malpractice Attorneys

Lawyers in Cook and DuPage County Helping Victims of Malpractice During Surgery

When you are diagnosed with an injury, illness, or any other type of medical condition, your doctor will usually offer you some options regarding how to treat the problem. Depending on your condition, your treatment options may include one or more surgeries to correct your problem and put you on the path toward full physical recovery. It is normal to have concerns or to be nervous about having a surgical procedure done, but the overwhelming majority of surgeries in the United States are completed properly and without unexpected complications. Across the country, surgeons perform tens of thousands of surgical procedures that markedly improve their patients' lives.

At Kaiser Hafezi Law, we realize that technological advances in the medical field have contributed to surgeries being safer now than ever. However, our lawyers also recognize all procedures—including surgery—involve some risk, including the possibility of the surgeon making a mistake. If you or a loved one has had to deal with unexpected additional complications, injury, or illness caused by an error during surgery, the team at our law firm is prepared to assist you in seeking the compensation you deserve.

Our record of success demonstrates that we have the knowledge, experience, and skills needed to ensure that victims of surgical malpractice can recover compensation for their injuries. Our firm has won record-setting verdicts, including helping a client receive $3.2 million for a botched foot surgery that left her unable to walk. This was the largest podiatry malpractice verdict in the United States in 2022.

When Is a Surgical Mistake Considered Malpractice?

In the field of modern medicine, it is not possible for doctors or surgeons to make guarantees. The possibility always exists that a particular treatment will not work as it was meant to work or that complications will arise. Such can certainly be the case with surgical procedures. A mistake that is made during surgery is not necessarily considered negligent. Similarly, an unsuccessful surgery is not necessarily the result of negligence either. A surgery might even cause a patient to suffer additional harm, and it still might not be classified as negligence or malpractice.

Medical negligence, also known as professional negligence or medical malpractice, only happens when a medical professional fails to meet the prevailing standard of medical care applicable to his or her specialty. To determine whether a surgeon or a surgical procedure met the applicable standard, a comparison is necessary. If a surgeon who is reasonably cautious and qualified and who has similar experience and training as the surgeon in question is likely to have made the same choices as the professional in question, the mistake is not usually considered malpractice. However, if a surgeon with similar qualifications would most likely have avoided the error, there is a good chance that malpractice has occurred.

Surgical mistakes that could rise to the level of malpractice include, among many others:

  • Performing a surgical procedure on the wrong person, usually due to miscommunication and poor hospital recordkeeping
  • Performing a surgical procedure on the wrong body part, including mix-ups of right and left
  • Leaving surgical items inside the patient, including sponges and clamps
  • Causing excessive nerve damage or scarring as a result of haste or carelessness
  • Errors involving the administration of anesthesia
  • Not following sanitary protocols resulting in infection
  • Lack of supervision of assisting or closing surgeons

Protecting the Rights of Patients in Cook County

The attorneys at Kaiser Hafezi Law have over a century of combined experience, and we have helped many surgical malpractice victims obtain favorable verdicts and settlements. When you choose our firm to help you with your case, you will benefit from our big-firm experience combined with our small-firm personal attention. Our lawyers will carefully investigate the surgery and your resulting injuries. We will look at surgical notes, training materials, medical records, and any other information that might help us prove that negligence occurred. Our firm also works closely with a network of medical experts, including board-certified physician specialists and surgeons, whose knowledge and experience is often critical in building a case for maximum compensation.

Speak to a Qualified Surgical Malpractice Lawyer Today

If you or a member of your family has suffered injuries or illness as the result of a surgical mistake, contact our office for guidance. Call 630-233-9946 for a cost-free consultation and case evaluation today. We represent clients in Franklin Park, Niles, Des Plaines, Northlake, Melrose Park, Itasca, Addison, Bensenville, Elk Grove Village, and Elmhurst, as well as DuPage County, Cook County, and the nearby communities.

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