Botched Surgical Procedures are CommonUnfortunately, botched surgical procedures are very common. In regards to circumcision in specific, complications usually occur in 1 of 500 cases. Complications usually include bleeding and infections, for instance. Many factors could contribute to a botched procedure; these factors include the improper use of tools, improper supervision during the procedure, performing the procedure even though the patient is not a candidate for the procedure (in the case of penile anomalies where the procedure should not be performed), improper training to perform the circumcision, the use of defective surgical tools/equipment, negligence during the procedure, and failing to provide the patient with the necessary care after the procedure, for example. Botched circumcisions usually result in the removal of too much skin or trapped/concealed penis, for example. In severe cases, the tip of the penis is cut into or completely severed. Regardless of the specific complications resulting from a botched circumcision, it is very likely that the victim will be left dealing with many difficulties for the rest of his life. Because of the effect that a botched circumcision is likely to have on an infant throughout his childhood and into his adulthood, victims and their parents likely have grounds to pursue legal action.
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Understanding Medical Malpractice and Your Right to Take Legal ActionA botched circumcision or any other surgical procedure is a form of medical malpractice. Medical malpractice occurs when medical professionals fail to treat their patients with the required degree of skill, care, and attentiveness necessary to ensure to promote the health of their patients. All medical professionals (nurses, doctors, and other staff members) have a duty of care to their patients. By failing to act appropriately and exercise their duty of care towards their patients, they can put their patients at risk of suffering preventable harm and be found liable of medical malpractice. The different categories of medical malpractice include the following: birth injuries, medical product liability, surgical errors, delayed diagnosis, misdiagnosis, and the failure to treat, for example. The botched circumcision described above falls under the category of surgical error. However, because the hospital staff sent the infant home without ever attempting any emergency treatment (that could have reversed or lessened the harm suffered), the malpractice could also be classified as a failure to treat. Regardless, it is obvious that a party (or multiple parties) who owed the patient a duty of care breached their duty of care and caused an innocent patient to suffer harm. Do you have the right to take legal action after you or your child suffered medical malpractice? The answer is simple; you have the right to take legal action. Your right to pursue a claim after medical malpractice is based on negligence. As mentioned above, medical staff has the duty to exercise care to ensure that they are acting reasonably to promote the health of their patients. When they breach their duty of care, they can cause issues with the medical care their patients receive – directly resulting in harm. When the harm suffered by patients is caused by a breach of duty, the medical staff can be found negligent and patients (and their family members) can take legal action for medical malpractice. If you would like to learn more about your right to sue after suffering medical malpractice, it is important that you seek legal assistance as soon as possible – as you might have grounds to pursue a claim and even recover compensation.
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Could You Recover Compensation?Could you be granted compensation for a botched circumcision or any other botched surgical procedure? In general, the victims affected by medical malpractice could be eligible to recover monetary compensation for the harm that they suffered. The specific type and amount of compensation that you could be eligible to receive will always depend on the details of your claim. Some of the types of compensation available for recover could include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages
- Funeral and burial costs
- Loss of consortium