Surgical Infections and Medical Malpractice

Infections after surgery may be the result of medical negligence on the part of the doctor or medical staff.

110511-N-CW427-002There are several reasons that can cause an infection after surgery. The body’s adverse reaction to the surgery could be one of the causes of infection. However, there are instances when the actions of the surgeon during surgery can cause the infection. Infections can be a result of unhygienic or unhealthy conditions in the surgery room of the hospital. In these situations, the infection could have been avoided, and failure to do so amounts to medical negligence on the part of the doctor, medical staff or the hospital.

Establishing a Link between Medical Malpractice and Surgical Infection

You should provide evidence for two things if you want to prove that the surgical infection was due to medical malpractice.

  1. You have to establish that medical negligence or a breach of duty was committed by the surgeon or medical institution.
  2. You have to provide evidence that the infection was a direct result of this medical negligence or breach of duty. This means, the infection was caused by the negligent actions of the surgeon or medical institution.

An appropriate medical standard is used as the basis in establishing negligence. To do this, you must establish the following:

  1. The level of care provided by your surgeon did not meet the medical standard of care. Any other similarly qualified surgeon would have provided better care under the same circumstances than what was provided by your surgeon.
  2. The sanitary standards of the medical institution were not at par with those in any other comparable reasonable medical institution. A reasonable medical institution would provide a better level of medical care and better sanitary conditions compared to the medical institution where you were operated upon.

Receiving Compensation for Damages You Have Suffered

The damages you suffered can be recovered from the surgeon and medical institution if these aspects of the case are established. The surgeon and medical institution can be held liable for the injury either separately or together, which means, they can pay for the compensation individually or jointly. You can receive compensation for the following damages due to the surgical infection you contracted.

  • Expenses incurred for medical treatment of the infection.
  • Wages lost because of the lost time at work due to the infection.
  • Physical suffering you experienced because of the infection.
  • Psychological distress due to the infection.
  • Punitive damages as determined by the laws of the state.

Where to Find Legal Assistance

You need to consult an experienced St. Louis medical malpractice lawyer if you have contracted an infection following a surgery, which you think was caused by negligence of the surgeon or medical institution.Call Zevan and Davidson Law Firm at (314) 588-7200.

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If you have suffered as a result of medical malpractice, contact our legal team right away. Waiting to seek legal representation can prevent you from filing a claim and receiving the compensation you deserve.


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