During a surgical procedure, there are several things that could go wrong and this is why such procedure, irrespective of how simple they may appear, are associated with some risk factors. However, if during a surgical procedure, some unforeseen consequences lead to certain injuries, then you may need to take this up with an Orange County premise liability attorney or an attorney who better understands personal injury law.
Before pursuing the legal option to seek redress for such cases as this, there is a need for you to better understand who is at fault in the situation, as the at-fault party should be held responsible for such injury sustained during the surgical procedure. If the doctor had forgotten surgical materials like sponges, sharp objects, or had damaged other organs during surgery, then he or she may be responsible, however, in the case of low or no power during surgery, you should seek the expertise of an attorney to better differentiate who is at fault and subsequently hold such a person(s) responsible for the damages which you have suffered.
Electricity plays a huge role in our daily lives. Ranging from work and home applications, electricity has fast become the basis of powering a wide variety of equipment, products, appliances, and equipment. While this can be said across all industries, perhaps the most important application, health-wise is its application in regards to saving lives. In hospitals, electricity is required to power most machines including life support machines, and more.
If, however, during a surgical procedure, there was a power failure, there is a need to establish why such occurrence had happened. Was the power failure as a result of unforeseen circumstances or was there absolutely no way to have predicted its occurrence. In the event the hospital had absolutely no control over what happened, then, they may have absolutely no responsibility in the event. If natural disasters like storms had caused a power outage, or an individual or defect had led to the outage, then the hospital may hold no responsibility for the injury caused, neither will the specialist or other members of the surgical team.
In other cases, while the hospital may not hold any responsibility in the case, additional factors may shift the burden of liability on other parties such as the manufacturer of such power equipment used or someone that was specifically and directly involved with the power outage. If a power failure during a surgical procedure had been caused by fluctuations with the power plant in the area, or because someone blew the plant in the area, then the person may be traced and held liable for the injury sustained.
Power Failure due to Negligence
If a person working for the hospital or any other person, whether internal or external was directly responsible for the power failure, then the facility can hold liability, especially if the patient being operated upon suffers additional injuries as a result of the power outage. Situations like this often peg negligence on the party that is directly responsible for the occurrence. In most issues of negligence, the liable party is regarded as someone who had prior information about the power outage but failed to take necessary steps to prevent it. Also, the medical facility may also be held liable for negligence if the patient suffers serious harm.
In the event a patient suffers health complications as a result of circumstances such as this, he or she may be able to pursue a claim.
The Injury in Surgery
If during a surgical procedure a power failure occurs, the patient may suffer varying degrees of injuries which may sometimes lead to serious health complications and in some cases death. While surgical facilities are expected to have backup power to kick in instantly, there are certain cases where these may fail due to lack of proper maintenance practices or a total lack of backup power sources. If such occurs, a patient may die due to a lack of power or backup power to monitor their vitals and stabilize them. Without such backup power, the doctors may be unable to finish such procedures, leading to a halt in the events and this can also lead to catastrophic effects for the patient. In cases like this, the liability may fall on the medical facility, surgical staff, specialist and more.
The Medical Facility
Most people are on the lookout for state of the art equipment, especially when it comes to their health and wellness needs. Patients will often choose small or large medical facilities based on the presence of specialists and also, based on the presence of the latest equipment and facilities. Generally, medical facilities with the latest equipment are believed to present greater chances of having everything planned out, including backup power which can minimize the risks associated with surgical procedures. With state of the art facilities, chances of negligence and wrongdoing may significantly be reduced, guaranteeing a higher percentage of success.
When choosing a medical facility, whether small or large, there is a need to make proper inquiries to ensure that they possess all that is needed to significantly reduce some of the risks associated with surgical procedures. This significantly improves the chances of success.
Pursuing a Lawsuit
If you have suffered complications or injuries as a result of a power failure during a surgical procedure, then you may be able to file a lawsuit with the help of an attorney. Speaking to an attorney can help you better understand the case you have at hand, also, with their legal expertise, it is possible to uncover the true party that is at fault in the case you have.
The attorney should be able to name parties that are liable for the damage done and also should be able to work with the victim to gather all the needed information to support the claim.
If the hospital has been found responsible for the power failure, a proper investigation will be required to establish the connection between the occurrence and its effect on the operating table. The lawyer will also be in charge of providing all the legal advice needed by the victim to ensure the protection of their interest.