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Proving Liability and Damages for Surgical Malpractice
Few clinical situations expose a patient to greater vulnerability than surgery, especially invasive procedures performed under general anesthesia. Fortunately, surgeons, anesthesiologists, surgical nurses and other members of the operating team take great pride in their skill and commitment to the safety of their patients.
At the same time, a certain measure of risk accompanies most surgical procedures, and even a momentary lapse in professional care and judgment can mean death or serious injury to the patient. If you believe that malpractice on the part of a surgeon or other member of the operating team was the crucial factor in a death, disability or other health problem in your family, contact an experienced medical malpractice attorney at the Cleveland law firm of Friedman, Domiano & Smith Co., LPA.
Our lawyers enjoy an excellent reputation throughout Ohio for client service and trial victories in surgical malpractice litigation. We have the experience and technical understanding necessary to develop and present damages claims relating to such mistakes in surgery as the following:
- Wrong side surgery, such as operating on the left lung instead of the right
- Wrong site surgery, or operating on the wrong body part or organ (i.e. operating on the pancreas instead of the spleen)
- Retained object errors, or leaving sponges, retractors or surgical instruments in the patient's body cavity
- Mistakes in high-tech surgical procedures, such as arthroscopy, colonoscopy, laparoscopy or bariatric surgery
- Negligence in c-sections or other procedures during childbirth
- Negligence in anesthesia or monitoring the patient's vital signs during the operation
- Negligent errors or inadequate care and monitoring during postoperative recovery
Because Ohio law provides a relatively short one-year statute of limitations in medical negligence litigation, it is critically important that you contact a lawyer as soon as you suspect that surgical malpractice played an important role in the death or serious health problem of someone in your family. Moreover, the law requires that every medical malpractice claim be supported by the affidavit of a medical expert to vouch for the merit of the plaintiff's case. Gathering the medical records and reviewing them with qualified surgeons can take months, so you should seek legal advice as quickly as possible to ensure that your claim is timely filed.
For a free consultation about your rights and legal options in a surgical malpractice case, contact an experienced trial attorney at Friedman, Domiano & Smith Co., LPA.






