After surgery, there are several reasons an infection can result. The body may have an adverse reaction to the surgery or the actions of the surgeon during surgery could also cause infection. Infections can also result from unhygienic or unhealthy conditions in the hospitals surgery room. If this is the case then the infection could have been avoided, and failure to keep hygienic or healthy conditions in surgery rooms amounts to medical negligence by the doctor, medical staff or hospital.
In order to prove that surgical infection was the result of medical malpractice the victim needs to establish:
- That the medical negligence was the result of a breach of duty committed by the surgeon or medical institution, and
- There needs to be evidence that the infection was a direct result of this medical negligence or breach of duty (the infection directly resulted from the negligent actions of the surgeon or medical institution).
Provided the above aspects of the case can be established, damages for your injuries can be recovered from the surgeon and medical institution. The surgeon and medical institution can be held liable for your injury individually or jointly, meaning that they can pay you either separately or together. Damages resulting from a surgical infection you can receive compensation for include:
- Medical expense that were incurred during medical treatment for the infection.
- Lost wages due to time lost at work due to the infection.
- Lost earning capacity should the injury impact future wages.
- Physical suffering experienced due to the infection.
- Pain and suffering resulting from the infection.
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