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Types of Surgical Malpractice in Delaware

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Types of Surgical Malpractice in Delaware

Types of Surgical Malpractice in Delaware

Some people are apprehensive about surgery. You have to put your trust into people you have never met before to perform complex procedures on your body and even some surgeries are done by professionals with years of experience are still considered risky. Experiencing an injury after surgery can be scary, especially if you suffered significant damage. You may be able to file a medical malpractice lawsuit if your injury was caused by a medical professional. Talk with a Delaware medical malpractice lawyer to see what steps you can take to do this. 


Surgical malpractice can leave patients feeling discomfort, pain, and emotional distress afterward. Some surgeries leave patients scarred, with medical objects inside their body, or with chronic pain. In general, there are three main types of surgical malpractice to be aware of. They include wrong-patient surgery, wrong-level surgery, and wrong-side surgery.  

Wrong-patient surgery is exactly how this name sounds. This happens when surgeons operate on the wrong patient. After this, a patient could be dealing with the medical condition that was Types of Surgical Malpractice in Delawaresupposed to be treated by the surgery, expensive medical bills for an unnecessary operation, potential internal or external damages to the body, chronic pain, and serious life-changing effects depending on the type of surgery. For example, a surgical amputation on the wrong patient would leave that person without a limb for life. 

Wrong-level surgery involves conducting a surgical operation on the correct site of the body, but on the wrong body part. For example, a surgeon performing a spine or brain surgery may operate the wrong spinal column or brain section. This could leave a patient paralyzed or mentally incapacitated for life. 

Wrong-side surgery is when a surgeon operates on the wrong limb or side of the body. This can mean operating on the wrong leg or lung.


Filing a medical malpractice claim involves various steps. You will need to prove that there was a relationship established between you and the surgical team or doctor who planned the operation. This can usually be done with copies of your medical records. Talk with a lawyer to find out more.

You will also need to prove the damages you suffered like injuries or emotional distress. This can become complicated when it comes to proving emotional distress. Seeking medical care from another doctor and bringing copies of the medical records of the surgery that caused you harm can help with establishing evidence of the damages you suffered. Taking pictures of your injuries, if they are visible, can help. 

A lawyer can help you prove that the doctor’s breach of duty is what caused your injuries. 


Proving surgical malpractice or other medical malpractice claims can be difficult without guidance. There is a lot of evidence that needs to be collected and organized. Try talking to a Delaware personal injury lawyer if you have any questions or concerns about this process. You could be eligible to receive compensation for medical bills, emotional distress, and lost wages. Call Edelstein Martin & Nelson at (302) 295-5050 today for a free consultation. 

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