Medical Malpractice in NE: What is Surgical Malpractice?

By Cullan & Cullan on March 27, 2012 - Comments off

Nebraska Surgeon Accident InjuryWith millions of people each year in the U.S. requiring medical assistance, it is imperative that members of the medical community provide the highest level of care to patients. However, serious mistakes made by healthcare professionals that can endanger the life of a patient occur frequently, whether it is in the emergency room or the exam room; when this occurs, injured patients have the right to file a medical malpractice claim. Medical malpractice results in an alarming 225,000 deaths each year in the U.S., making it the third leading cause of death in the nation. One very serious type of medical malpractice in Omaha and throughout the nation is surgical malpractice.

Surgical malpractice is the failure of a surgeon to provide adequate treatment to patients, which can result in personal injury and/or a substantial loss of income. Essentially, surgical malpractice occurs when a surgeon fails to exercise the degree of skill and care that a surgeon of the same medical specialty would use under like circumstances. Thus, when medical standards aren’t followed and ample care is not given, a malpractice case may follow. This failure on part of the surgeon is often caused by factors such as fatigue, lapses in judgment, or performing the surgery too quickly.

According to, a majority of surgical malpractice claims fall into two groups: improper performance (41.8 percent) and “not otherwise classified,” which includes unnecessary procedure, failure or lack of informed consent, wrong body part, and retained foreign body. The data also reveals that surgical errors resulted in a variety of health problems for patients, such as permanent and temporary injuries, brain damage, lifelong care, and emotional injury.

If it is determined a patient suffered undue injury because of negligent surgical care, damages may be sought for things such as medical expenses, pain and suffering, or lost income.

The Nebraska surgical malpractice lawyers of Cullan & Cullan, LLC have the knowledge and skills necessary to obtain a successful settlement for surgical malpractice victims. As physicians, we understand how detrimental any act of medical negligence can be to the well-being of a patient and will work diligently to get the compensation you need to recover. For a comprehensive case evaluation, please call our offices at (402) 397-7600.

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