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Unsuccessful Surgeries: 5 Signs You Should Pursue a Lawsuit for Medical Malpractice

Having surgery always comes with risks, but there are certain complications that may give you grounds to take legal action. Medical malpractice can have many negative impacts on your life, and you and your attorney can work together to try to get you compensation for your suffering. Here are five signs of medical malpractice that may prompt you to file a lawsuit.

Chronic Postoperative Pain

Some pain is expected after surgery, but consistent pain that lingers for several weeks or months could indicate that the doctor did something wrong during your procedure. If you can prove that your chronic pain is the result of improper surgical techniques or the insertion of a faulty surgical implant, you can choose to try to settle out of court or take your case to a judge. It’s important to note, however, that not all instances of chronic postoperative pain are grounds for a lawsuit.

Negligent Medical Staff

If the medical staff members who performed your surgery didn’t give you the best care possible, a lawsuit for negligence may be in order. Seeking compensation for any bodily injuries or emotional distress that you suffered can help you cover your losses. notes that it’s important to find out if the doctor who performed your surgery is an employee of the particular hospital or works as an independent contractor so that you sue the right party.

Failure to Obtain Your Consent

Your surgeon is supposed to inform you of the risks that are involved in your type of surgery and give you forms to sign so that you can consent to treatment. If the surgeon failed to do this and you experienced complications, you might consider filing a lawsuit over a lack of informed consent. Your malpractice lawyer will go over all the patient forms that you signed to determine if you were given the proper chance to consent to the surgical risks or not.

Medical Records Weren’t Reviewed

Before your surgery, the doctor should review your medical records to determine if the procedure will be safe for you. When your records are reviewed, the surgeon will be able to better predict if the surgery will make any existing medical conditions worse. Failing to review your records could result in you experiencing serious cardiac, respiratory or allergic reaction problems during or after surgery.

No Follow-Up Care

You’re supposed to see the surgeon again within a reasonable time after your surgery for follow-up care. This allows the surgeon to monitor your healing progress and look for any new problems. Failing to provide adequate follow-up care may end up leaving you with serious infections and other complications.

You shouldn’t have to suffer in silence if you’re a victim of medical malpractice. Taking legal action and gathering all the evidence to support your claim can help you get on the road to making your life whole again.

About the Author: Lizzie Weakley is a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. In her free time, she enjoys the outdoors and long walks in the park with her husky Snowball. You can find her on Twitter at @LizzieWeakley and on Facebook at

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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