Outpatient Surgery Malpractice

When a seemingly minor surgical procedure results in serious injuries or death, a family may have more questions than answers. We understand that this time can be extremely stressful and even painful, but you should know that you have rights. If you or someone close to you has been injured during an outpatient surgery, you need to reach out to a Baltimore medical malpractice lawyer who can assess the merits of your case. At Arfaa Law Group, we understand how to navigate complex malpractice claims pertaining to outpatient surgery malpractice. Bolstered by many years of experience, we have achieved numerous verdicts and settlements in the millions of dollars.

With advancements in technology, the number of procedures performed at outpatient surgery centers has increased significantly. Outpatient surgery centers, also known as ambulatory surgery centers or same-day surgery centers, are health care facilities where surgical procedures not requiring an overnight hospital stay are performed. These centers are appealing to patients because they offer convenience and lower costs.

Outpatient surgery centers are usually licensed only to perform minor procedures. For that reason, these facilities are less carefully regulated than hospitals. Moreover, these centers often do not have the ability to respond quickly in the event of an emergency but instead rely on transporting patients to nearby hospitals if an emergency does arise. Outpatient surgery malpractice typically involves negligence at some point during or after the procedure. Examples of outpatient surgery errors that can give rise to a malpractice case include:

• Failing to sterilize surgical tools effectively;
• Early release of a patient;
• Anesthesia errors;
• Medication mistakes;
• Lack of accreditation;
• Post-procedure infections;
• Failure or misuse of a medical device; or
• Failing to obtain informed consent for surgeries.

If you suspect that a health complication, disability, or death was a result of outpatient surgery negligence, you may be able to recover compensation through a malpractice claim. Medical malpractice occurs when a physician or another medical professional fails to use the level of care that another medical professional would have used in the same situation. Put another way, a patient who was harmed through outpatient surgery must show that the medical professional’s failure to adhere to the accepted standard of care was a direct and proximate cause of their injury. Of course, not every adverse outcome is a result of malpractice. Some procedures carry inherent risks that may manifest no matter how careful a doctor is. Instead, malpractice occurs when the doctor’s conduct is not up to par with standard procedures.

Like every other state, Maryland imposes a time limit in which medical malpractice claims must be filed in civil court. Normally, a patient must file a medical malpractice claim either within five years from the date of the injury or within three years from when the injury was discovered, whichever is earlier. There may be certain, limited exceptions to this general rule, but an attorney would need to examine your case in order to determine if any would apply.

Patients in Maryland are legally allowed to obtain copies of their medical records under all circumstances. Obtaining medical records is a critical component of any medical malpractice claim. By law, health care providers in Maryland are required to maintain patient medical records for at least five years. The process of obtaining these records can be quite cumbersome, but if we take your case, we can help you with this process.

If you or someone close to you was injured due to outpatient surgery malpractice, our reliable Baltimore attorneys can help. At Arfaa Law Group, we will work diligently to get you the compensation that you are entitled to receive for your harm. We represent people throughout the State of Maryland and offer free initial consultations to each and every prospective client. To learn more, feel free to call 410-889-1850 or contact us online.