How to Sue Over Surgery Complications in Arizona

Team of surgeons in the operating room

We trust surgeons and other doctors to provide responsible medical care when needed, especially if we are dealing with a severe injury or illness. If they need to perform surgery, we have a right to expect them to operate with professionalism and skill. But what happens if a surgeon makes a mistake due to carelessness or inattention, and you suffer complications as a result?

At the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C., our medical malpractice attorneys understand how complications from surgery can endanger your life and your livelihood. We are committed to helping injured patients and family members hold hospitals and doctors accountable when they fail to adhere to a proper standard of care.

According to a ProPublica report, surgical complications are a common problem that can lead to bleeding, infections, and even death. In fact, according to the report, approximately 200,000 people die each year due to surgical complications. Sadly, people often suffer injuries or die in Arizona because doctors make mistakes.

Our five-member team has decades of combined experience serving injury victims throughout the region. We’re ready to give you the support and advice you need during this challenging time. With a record of outstanding results for our clients and a reputation we’re proud of, we’re ready to work for you and seek the compensation you deserve.

For your consultation about how you might be able to sue a negligent medical provider over surgery complications, call us or reach out to us online.

When Can You Sue for Surgery Complications in Arizona?

Medical procedures come with no guaranteed results. Surgeries are complex, patients are different, and unforeseen issues can create problems beyond a doctor’s control. But medical professionals can take appropriate precautions to protect patients and minimize the risk to them.

Surgeons are highly trained professionals who must stick to professional medical guidelines when operating. If they don’t, they could put the patient’s health and life in jeopardy. When a doctor makes mistakes during surgery, it could result in more extended hospital stays, deadly infections, bleeding, and further surgeries for a patient who has already suffered enough.

Under Arizona law, you could potentially pursue legal action when a doctor’s negligence, misconduct, or errors injured you. But how do you prove that a doctor was negligent? In most cases, you’ll need to show the doctor’s care wasn’t as good as the care that a reasonable and prudent doctor could provide in the same or similar circumstances. You’ll also need to show that the complications you experienced due to the surgical error caused you undue harm.

What Types of Surgical Complications Most Often Lead to Lawsuits?

While any surgical complication could lead to a medical malpractice lawsuit, some surgical complications come up more often than others. Some of the leading types include:

  • Infections after surgery – All surgical tools must be sanitized and safe for use in patients. If surgeons don’t follow sanitization protocols or use unsanitary tools, the patient could develop a harmful and even life-threatening infection.
  • Tools left in the body – During surgery, doctors have many tools at their disposal and must keep track of everything they use. If they don’t, they could leave materials inside a patient that could cause infections or other complications later on.
  • Organ and nerve damage – When doctors perform surgery, they could accidentally damage organs and nerves. That can lead to long-term pain and health problems for patients.
  • Problems with anesthesia – When doctors need to sedate patients for surgery, they will use anesthesia. These powerful substances can render a patient unconscious and keep them that way during surgery. But if they are not administered correctly, the patient could suffer dangerous complications or could die as a result.

Those are only a few of the common problems that can lead to severe complications. If you’ve had surgery and experienced complications, get in touch with our Arizona surgical complications lawyers about your case. We can review the facts, answer your questions, and help you choose the right path forward for you.

Young surgeon is saddened over failed operation.

Who Could Be Liable for a Surgical Error in Arizona?

Surgeons, anesthesiologists, and hospitals are the ones who are most often liable for surgical complications. Doctors overseeing a surgery bear responsibility for managing the procedure and for ensuring everything goes according to plan. While others in the operating room could be responsible in some situations, the doctor in charge could ultimately be liable.

Hospitals may also be liable in some circumstances. For example, if a hospital fails to investigate complaints against a doctor, they provide a doctor with incorrect records, or they fail to follow health and safety procedures in their facilities, the facility could be liable. Proving hospital liability often requires an in-depth investigation of everything leading up to and following a surgical error.

What Types of Compensation Could You Recover in an Arizona Surgical Error Lawsuit?

If you suffered severe complications or lost a loved one due to negligent medical errors during surgery, you might be entitled to compensation. Some common types of compensation available in a surgical error lawsuit include:

  • Medical treatment you need because of your injuries
  • Lost wages and damage to your future wages
  • Emotional distress
  • Pain and suffering
  • Loss of consortium
  • Wrongful death benefits

In rare instances of gross negligence or a wrongful act on the part of a surgeon, punitive damages could be available. The potential for punitive damages will depend on the details of your case and your doctor’s conduct.

Please bear in mind, that the state of Arizona has a Statute of Limitations on lawsuits such as surgical error, or medical malpractice. That statute places a time limit on how long you have to file your lawsuit. The time limit is two years. While two years may seem like a long time, there is a significant amount of gathering of evidence, statements, and information that your personal injury attorney at Mushkatel, Gobbato, & Kile, P.L.L.C., will need to do. So, do not be lulled into a sense of “I have a lot of time”. Time is of the essence.

Let Our Arizona Surgical Injury Attorneys Help You

If an avoidable surgical complication has upended your life, contact Mushkatel, Gobbato, & Kile, P.L.L.C., now. Surgical complication cases can be complex and highly technical, but our experienced surgical injury lawyers have the experience and resources to handle cases like yours.

Contact us now for a free and confidential consultation with one of our skilled attorneys. If you cannot meet us at our offices, our lawyers can visit you in the hospital, at your home, or wherever is most convenient for you.

Visit Our Sun City Surgery Complications Lawsuit Law Offices

attorney image

About the Author

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…