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When Is Failure To Perform Necessary Surgery Medical Malpractice?

failure to perform necessary surgery

Necessary surgery is described as a procedure that is needed to save a life. In less urgent situations, doctors may try less invasive options to rectify a medical condition but when all those have failed surgery becomes necessary. In others, such as when an appendix is about to rupture, emergency surgery is necessary to save the person’s life. When a doctor fails to perform necessary surgery, such as for appendicitis, catastrophic injury or an unnecessary death may result.

What are the different types of surgeries?

Elective surgery/elective procedure is surgery scheduled in advance because it is not a medical emergency. For example, knee surgery.

Semi-elective surgery is surgery that is necessary to keep a person’s life but does not need to be performed immediately.

Urgent surgery is surgery that is necessary to save the patient’s life but that can wait a day or two until the patient is medically stable.

Emergency surgery is surgery that must be performed immediately. The patient has no choice or they risk permanent disability or death.

How do I know if I have a failure to perform necessary surgery medical malpractice case?

If you believe that your doctor or the doctor of a loved one negligently failed to perform necessary surgery then you may be wondering if you have a case for medical malpractice. In truth, it can be quite complicated and the only way to know for sure is to have a consultation with a medical malpractice lawyer.

One thing to note is that there is that all medical malpractice cases have a very high bar. If failure to perform necessary surgery doesn’t cause any permanent or catastrophic injuries and/or simply results in the need for an additional surgery it is very unlikely to be a medical malpractice case.

Factors that a medical malpractice lawyer will look for to determine whether you have a failure to perform necessary surgery case:

  1. That there was a doctor/hospital – patient relationship at the time of the alleged failure, which created a “duty of care.” In tort law a “duty of care” is a legal obligation placed on the medical professional or other person or organization to comply with a reasonable standard of care while they carry out any action that could potentially harm others.
  2. That the “duty of care” was breached. If a doctor fails to perform a necessary surgery that any other reasonable doctor would have performed under similar circumstances then they may have acted negligently and breached their “duty of care.”
  3. That the doctor’s negligence directly led to catastrophic and/or permanent injuries or death.
  4. That the injuries caused calculable damages such as pain and suffering, loss of enjoyment of life, medical expenses, lost wages, etc.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at 206-842-1000 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.