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Surgeons must follow strict protocols to prevent medical errors, including verifying the patient’s identity, marking the correct surgical site, and confirming the scheduled surgical procedure. When doctors and other medical professionals fail to follow safety protocols, patients often suffer serious harm. At the Law Office of Kelley J. Johnson, we fight for injured patients and families harmed by preventable surgical mistakes.
Attorney Kelley J. Johnson has nearly 20 years of experience pursuing medical malpractice claims in Indiana. Preventable surgical errors are among the most clear-cut malpractice cases. If you believe that you or someone you love has been the victim of a surgical mistake in Indianapolis, contact us today for a free, no-obligation case review.
How Our Experienced Indianapolis Wrong Surgery Attorney Can Help You
At the Law Office of Kelley J. Johnson, we exclusively handle medical negligence cases. Our entire practice, from Kelley’s litigation strategy to the work of our full-time registered nurse and paralegal, centers on developing strong, well-documented medical malpractice claims.
As an Indianapolis wrong surgery attorney with close to two decades of experience, Kelley understands how to investigate medical malpractice cases, negotiate with hospitals and insurers, and argue matters before the Indiana Patient’s Compensation Fund when necessary.
Kelley works with medical specialists to analyze your medical records and determine whether your doctor failed to provide treatment in keeping with the recognized standard of care. She develops cases with the kind of precise medical detail that surgical error claims demand.
Here’s what one past client had to say about working with our law firm:
“I highly recommend Kelley and her entire team. Kelley is very professional and easy to work with. She will fight for her client’s best interests to win the case. Her medical knowledge is astounding. She goes above and beyond, looking at every detail, to do what is best for her clients. Kelley is, by far, the most competent and thorough medical malpractice attorney around.” – Jason Scott
If you are considering legal action after a surgical error, our firm can help you by:
- Reviewing your medical records to identify signs of surgical negligence,
- Consulting qualified medical experts to establish a violation of the standard of care
- Calculating the full value of your extra medical expenses such as corrective surgeries, lost wages, and other losses
- Handling communication with hospitals, healthcare providers, and their insurers on your behalf
- Filing and presenting your claim before the Indiana Patient’s Compensation Fund, if necessary
- Pursuing maximum compensation through a negotiated settlement or by taking your medical malpractice lawsuit to trial
What Qualifies as a Wrong Surgery Case?
Not every surgical complication results from malpractice. Surgery carries inherent risks, and a poor outcome isn’t necessarily proof of negligence. Wrong-surgery cases, such as wrong-site surgery, involve clear failures by the surgical team to follow established safety protocols and ensure the correct patient is undergoing the correct procedure.
Common examples of wrong surgery include:
- Surgery performed on the wrong body part or the wrong side of the body
- Incorrect procedures performed instead of those that were planned
- The surgeon performed surgery on the wrong patient
- Clear deviations from a patient’s informed surgical plan without proper justification or consent
These types of surgical errors are considered never events by the National Quality Forum be-cause they are serious, identifiable, and should never occur.
If your medical treatment involves any of these preventable errors, you may have grounds for a wrong surgery lawsuit in Indiana. A wrong surgery site attorney can review your medical records and operative reports to determine whether the surgical team departed from accepted medical standards.
Who Can Be Held Liable?
Wrong surgical procedure errors rarely result from a single mistake. They often involve systemic failures. Multiple parties, including the surgeon, operating room team, and hospital, of-ten share responsibility for what happened, including:
- Operating Surgeons: A surgeon who fails to verify the correct site of the surgery, the type of procedure, or the patient before beginning surgery may be liable for procedural negligence.
- Hospitals: Facilities have a duty to maintain certain safety protocols, such as surgical site verification and “time-out” procedures, to prevent errors. A hospital itself may be liable in the event of systemic failure to enforce these protocols.
- Nurses and Other Staff Members: Surgical teams rely on accurate documentation and clear communication to keep patients safe. Errors in charting, labeling, or relaying patient in-formation can contribute directly to a wrong-surgery incident.
- Surgical Teams As a Whole: Breakdowns in coordination among anesthesiologists, surgical assistants, and other team members can also play a role in anesthesia errors and medication errors.
Identifying all liable parties in a wrong-surgery case requires experienced legal representation and a thorough investigation. As a wrong patient surgery attorney, Kelley J. Johnson has extensive experience in Indiana courts. She works hard to determine exactly who failed in their duty to deliver the expected standard of care. She seeks justice and just compensation from each at-fault medical provider.
Proving Medical Malpractice in Surgical Error Cases
Indiana law requires more than proof of a bad outcome for a successful medical malpractice claim. To succeed, you must show that the healthcare provider failed to uphold the accepted standard of care and that this failure contributed to your injury. It takes a combination of legal skill and medical knowledge to prove the elements before a court of law or the Indiana Patient’s Compensation Fund.
At the Law Office of Kelley J. Johnson, we handle every aspect of the claims process so you’re free to focus on your health and recovery. We start by gathering your complete medical records, including surgical consent forms and post-operative reports, to develop a clear picture of what went wrong. We may consult with qualified medical specialists who can pro-vide expert testimony regarding the standard of care that a reasonably careful medical provider should have delivered, and how your doctor failed to meet the standard of medical care.
Finally, we work to establish a direct link between the surgical error and your injuries, since Indiana medical malpractice law requires proof of the connection for a successful claim. Throughout the process, our full-time registered nurse reviews the medical evidence along-side Kelley to provide your case with clinical insight that few other law firms offer.
Why Choose Our Indianapolis Wrong Surgery Attorney?
Surgical errors are complex cases and require thorough investigation. You deserve a legal team that will treat your case with the attention to detail it deserves. Our wrong patient surgery lawyer in Indianapolis, Kelley J. Johnson has a proven track record with medical malpractice cases. She brings nearly 20 years of litigation experience to every case she takes. When you come to the Law Office of Kelley J. Johnson for legal assistance, you’ll work directly with Kelley and her experienced team.
If a surgical error has harmed you or a family member in Indianapolis, contact the Law Office of Kelley J. Johnson today to discuss your legal options. Let us help you pursue the monetary compensation you need. You won’t owe us any fees unless we obtain a settlement or court award for you.
