Can you successfully sue if you suffer an infection after hernia surgery? Like any medical negligence case, the answer depends on the cause of the infection: was it a known risk and natural result of the surgical procedure or was it caused by medical negligence? If something went wrong during surgery because of medical negligence, you may be able to successfully bring suit for medical negligence.
Many things can go wrong during a surgical hernia repair notwithstanding that a doctor was careful and acted cautiously.
If a patient wants to prove medical malpractice, he or she must generally prove:
- That the doctor or hospital worker breached the duty of care required; and
- That the breach was the proximate cause (i.e. directly led to) injury.
Beyond that, the damages must be serious to make it worthwhile to pursue a claim. Often, the damages in this area can be serious including sepsis which in some cases can lead to death.
If you want to sue your doctor, you must prove that the care provided to you by your physician was below the level of care a reasonable physician would have offered under similar circumstances. If a reasonable doctor wouldn’t have operated under the conditions yours did, or if a reasonable doctor would have taken steps to avoid infection during the hernia surgery that your doctor failed to do, you may have a sustainable case. Similarly, if a reasonable hospital policy would have provided for better or more sanitary conditions, you may be able to sue the hospital. Often even if negligence can be established, the damages are not serious enough to bring a claim. But if serious consequences do result, a medical malpractice attorney should be consulted.