Organ transplants are remarkable, life-saving medical procedures. Organ transplant surgeries are a challenging undertaking that, even in ideal circumstances, carries substantial risks for patients. Hence, most hospitals aim to ensure their surgeons possess the appropriate skills and qualifications. Nevertheless, even seasoned surgeons can commit errors during organ transplant procedures that lead to lasting or, in some tragic cases, fatal injuries. If you or a loved one has suffered injuries due to errors during an organ transplant procedure, it is advisable to consult with a lawyer to explore your options for seeking compensation. The seasoned Baltimore medical malpractice lawyers of Arfaa Law Group are well-informed in what it takes to prevail in cases against negligent doctors, and if we represent you, we will vigorously pursue any damages you may be owed.
Errors During Organ Transplant ProceduresNumerous mistakes can transpire during the transfer of an organ from one person to another, but some transplant errors occur more frequently than others. For example, the use of unsterile medical equipment or conducting procedures in unsanitary environments is unfortunately not uncommon. Additionally, doctors often negligently or inadvertently use organs that are either diseased, damaged, or incompatible with the intended recipient. Anesthesia, a critical component of transplant surgeries, can also become problematic if administered in inappropriate quantities, whether excessively or inadequately. Surgical errors, such as transplanting organs in the wrong anatomical location within the recipient's body, and the failure to completely remove all surgical tools and equipment, such as sponges or gauze, post-surgery, are other frequent complications. Finally, proceeding with a transplant without proper authorization from either the donor or the recipient before the procedure can introduce significant ethical and legal concerns.
Compensation for Harm Arising From Transplant ErrorsIn many cases, errors during organ transplant procedures are the direct result of carelessness. Consequently, many individuals harmed by such mistakes opt to pursue medical malpractice claims against their healthcare providers. Typically, in a medical malpractice case, the plaintiff will set forth a medical negligence against the defendant.
In Maryland, a plaintiff alleging harm due to negligence must first establish that the defendant owed them a duty. In medical malpractice cases, this duty involves treating the patient in line with the standard of care, which is the level of care that a competent professional in the same specialty would provide in a similar situation. For example, the standard may necessitate that the surgeon perform certain steps prior to the procedure to ensure that the correct surgical location is identified. Subsequently, the plaintiff must demonstrate that the defendant breached this duty. In other words, if the defendant failed to mark the correct surgical site and operated on the wrong side of the body, it likely constitutes a breach.
Lastly, the plaintiff must prove that the defendant's breach directly caused the harm. This means that the plaintiff suffered physical injuries or other quantifiable losses that would not have occurred if not for the defendant's breach. In most cases, the standard of care involved is beyond the understanding of a judge or jury. Consequently, in a medical malpractice case, the plaintiff often needs to retain a medical expert to elucidate the standard of care and explain how the defendant's actions deviated from it. Expert testimony is frequently essential to establish the plaintiff's damages as well. If a plaintiff successfully demonstrates the defendant's liability, they may receive compensation for past and future medical expenses resulting from the harm, compensation for lost income, and damages for the pain and emotional suffering endured.
Consult With a Trusted Baltimore LawyerOrgan transplants have saved the lives of many Baltimore residents, but errors during organ transplant procedures can have catastrophic consequences. If you or a loved one has suffered losses due to mistakes made during an organ transplant surgery, you may be entitled to significant compensation, and it is advisable to consult with an attorney. The trusted Baltimore attorneys at Arfaa Law Group in Baltimore can evaluate the circumstances surrounding your harm and inform you about potential claims you may pursue for damages. We have an office in Baltimore, where we frequently represent individuals in medical malpractice cases. You can contact us through our online form or at (410) 889-1850 to arrange a consultation.