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Botched Surgery: How to Get the Compensation You Deserve

When a patient has elective or required surgery, there is a reasonable expectation that the medical team will do quality work that improves the patient’s health in some way. Many surgeries are completed with flawless results, but there are also numerous surgical procedures that are botched in a minor or significant way. These may be surgeries that are completed on the wrong body part, that are completed when one member of the medical team is intoxicated, that involve leaving surgical materials inside the body and more. If you have been victimized by medical malpractice in these or other ways, you may be wondering what it takes to obtain compensation that may rightfully be owed to you.

Document Your Issue

In order to obtain compensation for your medical malpractice issue, you must document the event. This means that you may need to obtain your medical records from the doctor or team responsible for the botched surgery that prove that the surgery was botched in some way. You may also need to obtain a second and even a third opinion. These additional opinions may need to be from reputable medical professionals who may be willing to support your claims in court. They may even provide additional evidence that the techniques or other efforts used were not standard medical practices.

Consult with a Personal Injury Lawyer

This is an incredibly important step in the process. With your documentation in hand, you can reach out to a personal injury lawyer for assistance. This type of lawyer will review your case in detail to determine if you have a strong enough case to pursue in court. They may also recommend that you attempt to settle the matter out of court. For example, the lawyer may send a letter to the responsible parties, or an arbitration meeting may be scheduled. Because your lawyer’s experience and expertise in this type of case may play a crucial role in the outcome, interview several attorneys before hiring someone to represent you.

While some issues are settled out of court, others must be tried in court in order to reach an acceptable resolution. Your attorney will represent you in court in the event the issue cannot be resolved in other ways. Through these efforts, you may obtain compensation for any additional medical care required because of the botched surgery. Additional compensation may also be provided for additional time that you needed to take off of work and for other related expenses. Some lawyers may also request compensation for the pain and suffering that you experienced because of the botched surgery.

Author Info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook: @RachelleWilber.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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