Undergoing surgery is a significant event, and while medical professionals work diligently to ensure safe outcomes, surgical injuries do sometimes occur. Whether the injury resulted from a known complication or potential negligence, knowing the right steps to take can protect your health, your rights, and your future. Here is what you should do if you have been injured during surgery.
Seek Immediate Medical Attention
Your health is the top priority. If you suspect something went wrong during or after your surgery, do not ignore your symptoms.
According to Philadelphia medical malpractice lawyers at Lowenthal Abrams, “Unusual pain, unexpected swelling, signs of infection, excessive bleeding, or a feeling that something is simply not right should never be dismissed.”
Contact your surgeon or medical provider right away. If your symptoms are severe, go to an emergency room immediately. Getting prompt medical care not only protects your well-being but also creates an official record that documents your condition and its timeline.
Request Your Medical Records
Once your immediate health needs are addressed, request a complete copy of your medical records. This includes pre-operative notes, operative reports, anesthesia records, nursing notes, and post-operative care documentation. You are legally entitled to these records, and they are critical if you decide to pursue a legal claim. Review them carefully, or have a trusted professional review them, to understand exactly what occurred during your procedure. Medical records often contain essential details about what steps were taken, what decisions were made, and whether any complications were noted.
Document Everything
Keep a detailed personal journal of your experience from the moment you suspect something went wrong. Record your symptoms, how they have changed over time, the impact on your daily life, and every conversation you have with medical professionals. Take photographs of any visible injuries, wounds, or physical changes. Save all correspondence, bills, prescription records, and receipts related to your care. This documentation builds a factual narrative that can be invaluable if your case moves forward legally or through an insurance process.
Speak With Another Doctor
Getting a second medical opinion is a wise and important step. An independent physician can evaluate your condition without any conflict of interest and provide an honest assessment of whether your injury is consistent with an acceptable surgical outcome or whether something may have gone wrong. A second opinion also helps you understand the full extent of your injury, the treatment you may still need, and the long-term health implications you could face.
Understand the Difference Between Complications and Negligence
Not every surgical injury means that malpractice occurred. Surgery carries inherent risks, and some complications can arise even when a surgeon performs flawlessly. However, there is an important distinction between an accepted medical risk and an injury caused by negligence. Negligence may involve a surgeon operating on the wrong site, a medical team failing to monitor a patient properly, the use of defective instruments, errors in anesthesia administration, or a failure to obtain proper informed consent. Understanding this difference is essential before pursuing legal action.
Consult a Medical Malpractice Attorney
If you believe your injury resulted from negligence, consulting a medical malpractice attorney should be one of your earliest steps. Most attorneys in this field offer free initial consultations, so there is little risk in having your case evaluated. An experienced attorney can help you determine whether you have a viable claim, identify the responsible parties, gather expert medical testimony, and navigate the complex legal landscape of malpractice litigation. Medical malpractice cases have strict statutes of limitations, meaning there are legal deadlines by which you must file a claim. Waiting too long can forfeit your right to seek compensation entirely.
File a Formal Complaint if Appropriate
Beyond legal action, you have the right to file a formal complaint with your state’s medical board. This puts the incident on record and can trigger an investigation into the surgeon or facility involved. Filing a complaint does not replace a lawsuit, but it serves an important public function by holding medical professionals accountable and potentially protecting future patients from similar harm.
Take Care of Your Mental Health
Surgical injuries can be emotionally devastating. Feelings of betrayal, fear, anxiety, and grief are all natural responses. Do not hesitate to seek counseling or support from mental health professionals. Support groups for medical injury survivors can also provide comfort and guidance from others who have walked a similar path.
Being injured during surgery is a traumatic and disorienting experience, but you are not without options. Acting quickly, staying organized, and seeking the right professional support can make all the difference in your recovery and your pursuit of justice.