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Appendectomy Malpractice Attorney – Laparoscopic Surgery Lawsuit

Appendicitis is a medical condition which afflict tens of thousands of individual in the United States every year requiring many to undergo appendectomies in hospitals across the country.  In many instances the use of the laparoscopic method during surgery can result in severe harm including damage to internal organs, severing of bile ducts and tissues damages developing into the formation of scar tissue. According the latest data these surgeries carry with them a 4-15% risk of complications. Other appendicitis related complications can include…

  1. Failing to monitor the breathing and heart beat of the patient.
  2. Failure to properly install an IV resulting in severe infiltration and damage to the tissues.
  3. Misdiagnosis – Failure to properly diagnose abdominal pain resulting in unneeded surgery.
  4. Failure to diagnose appendicitis resulting in rupture.
  5. Perforation of the abdominal wall.
  6. Severe infections.

What is Medical Malpractice – Winning Your Case in the Court of Law

The majority of medical malpractice claims are predicated on a negligence based cause of action. Negligence based lawsuits requiring the presence of four elements.

  1. Duty owed by the at fault party: A medical practitioner owe a duty of care to act in a manner established by the medical profession or specialty that he/she is a member of.
  2. Breach of the duty of care: When the physicians actions differ from the established course of action.
  3. Breach of the duty of care is the factual and approximate cause of the injury.
  4. There are identifiable injuries resulting from the incident that took place.

Recovery Available for Victims

Victims of severe injury due to the wrongful or negligent actions of medical professionals are entitled to compensation for all damages suffered. One of the most important and often asked questions clients ask us revolved around the amount of compensation they can receive following a settlement of verdict in a trial.  The average case value is predicated on several significant factors explained here..

  1. The severity and magnitude of the injuries suffered by the victim.
  2. All hospital and medical bills and future medical and rehabilitation bills incurred.
  3. Amount of economic damages – including the loss of income and future reduction of income capacity due to long term or permanent disability.
  4. Non economic damages – this may include pain and suffering a victims have been exposed to and the availability of punitive damages due to the reckless or intentional conduct of the at fault party. Note: some jurisdictions in the United States have placed restrictions on the amount of non-economic damage compensation in such cases. For example the state of California has a $250,000.00 cap on medical negligence cases.

Free Attorney Consultation Available: If you or a loved one have any further legal questions regarding injuries suffered as a result a surgery feel free to contact our law offices. All legal consultations are provided for by our attorneys free of charge.

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