Michael H. Bereston, Inc.

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Phone: 410-793-4554

Toll Free: 866-517-4037

Three questions you should ask after a surgical error

Surgery errors may sound like an obvious issue, like a forgotten sponge or wrong-site procedure, but not all of them are that obvious. Doctors can commit errors regarding proper technique, method or even using the wrong tool. This post will discuss three questions you may ask after a surgical error.

First, isn't it obviously the doctor's fault? This may be true in some cases, for example, if the surgeon left a pair of scissors in your body. Regardless of the situation, you may face difficulties in connecting your injury to the surgeon's mistake. To remedy this problem, the law permits victims to avoid proving causation if the nature of their injury is so unusual it could only result if someone committed an error.

Second, do you always need a medical expert? The answer depends on the nature of your injuries. For example, if those mentioned above "forgotten scissors" applies to you, you probably do not need an expert. Experts are used to explaining to the judge and jury the specifics of particular expertise. But you don't need any expertise to know that scissors should not be left inside of patients.

Finally, how do you gain access to your medical records? Not every hospital divulges the details of your medical record however you can gain access to subpoenas and standard discovery procedures. The court may require you to submit your records to the judge first, especially if the records include sensitive information from uninvolved parties.

Were you injured due to a surgeon's mistake during your procedure? If so, you may want to speak to an attorney. As you can see, you may not even know if you were a victim of a tort unless the doctor informed you. Even if that is the case, you should still speak with a lawyer because you may not be able to recover for your injuries. A lawyer can review your case to ensure that you receive a fair amount for your injuries.

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Office Location

Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
Baltimore/Annapolis: 410-269-5011
DC: 202-628-2226
Fax: 410-269-5022

Annapolis Medical Malpractice Office

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