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Can a surgical error victim acquire pain and suffering damages?

Medical malpractice can take many forms from a medication error to delayed diagnosis. While it may seem impossible to comprehend, surgical errors are a common type of malpractice. Examples of surgical mistakes causing severe injuries include:

  • Surgery performed on the wrong area of the body
  • Failure to follow up with the patient shortly after a surgical procedure
  • Perforating nerves, organs or blood vessels
  • Leaving foreign objects inside of the patient after surgery is complete

Those who suffer severe or catastrophic injuries because of a surgeon's medical malpractice have every chance to seek economic compensation for their suffering. Examples of economic damages include any expenses related to medical treatment as well as any income the victim lost because he or she could not work.

In the state of Georgia, medical malpractice victims may also seek noneconomic damages like pain and suffering. Because it is difficult to measure and prove these types of damages, victims of malpractice often seek legal representation.

The ways that a medical malpractice attorney helps are numerous. For example, most hospitals automatically deny an error or mistake has occurred. They also frequently become uncooperative with the injured patient. A lawyer experienced with these types of cases has developed effective strategies for dealing with hospitals and surgeons. This means finding medical records and other forms of evidence to help victims prove medical malpractice. Attorneys also help identify and present many of the factors courts look for in measuring pain and suffering. Examples include:

  • Identifying any continuing consequences of the injury
  • Showing how the injury affects the victim's family
  • Defining the degree of pain caused by the injury

An experienced medical malpractice attorney can provide you with your legal options after you have suffered at the hands of a negligent physician or surgeon.

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