Overlapping Surgeries

Undergoing surgery is daunting enough without the prospect of something going wrong. While overlapping surgeries are common practice at many hospitals, the reality is that they pose a risk to patients. If you or someone close to you has been injured in an overlapping surgery, you should consult a Baltimore medical malpractice lawyer without delay. At Arfaa Law Group, we have many years of experience representing patients who have been injured due to the scheduling of concurrent surgeries. Our firm can investigate the circumstances of your injury and make a determination about whether you may have a claim for malpractice.

Overlapping surgeries, also known as concurrent surgeries, refer to situations in which the attending surgeon is responsible for multiple surgeries in multiple operating rooms at the same time for at least part of the procedure. Put another way, overlapping surgery involves the coordination of various procedures for a surgeon throughout the day so that preparation and procedure for one patient starts in one room as the care of another patient is completed. An investigative report by the Boston Globe found that more than 44 medical issues arose due to overlapping surgeries between 2005 and 2015. As a result, the American College of Surgeons (ACS) released new guidelines stating that surgeons should tell patients if there is likely going to be an overlapping procedure. Additionally, ACS said that these surgeries should not be taking place at all.

Medical facilities and medical professionals have an obligation to ensure that they are engaging in safe practices. If overlapping surgeries were a cause of your harm, you may be able to file a medical malpractice claim against the at-fault party. The at-fault party in such cases may be the surgeon as well as the hospital. In Maryland, a hospital may, under certain circumstances, be responsible for the negligent acts of its independently contracted doctors under the principle of vicarious liability.

Under Maryland law, medical malpractice occurs when a health care professional breaches or violates a standard of care, thereby causing an injury or death to a patient. The standard of care refers to the level of care that another medical professional in the same specialty would have used in the same or similar circumstances. Thus, the standard of care will vary depending on a variety of factors, including the patient’s medical history and age. In order to win a medical malpractice claim, the patient must prove the following elements:

• The health care professional owed the patient a duty of care;
• The health care professional breached the duty of care owed to the patient;
• The health care professional’s breach was a direct cause of the patient’s injury; and
• The patient sustained quantifiable damages because of the malpractice.

A victim of medical malpractice may be able to obtain both economic and non-economic damages if they succeed in their claim. Damages refer to the monetary compensation that is awarded to a plaintiff who has been injured because of the careless or wrongful conduct of another party. Economic damages include items like medical bills, future medical costs, rehabilitation costs, and loss of income (past and future). Non-economic damages refer to compensation claimed for intangible harms such as pain and suffering, disfigurement, and loss of enjoyment of life due to physical impairments.

At Arfaa Law Group, diligent Baltimore lawyer Julia Arfaa can examine the facts of your case and help you assert your legal rights to the fullest extent. With years of experience, we understand how to navigate these types of claims. You can rest assured that we will make every effort to get you the damages that you need in your case and hold a negligent health care provider accountable for their actions. We understand that this is a stressful time in your life, and we will treat you with compassion and care. Arfaa Law Group represents victims throughout the state of Maryland. For a free appointment with an injury attorney, call 410-889-1850 or contact us online.