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When is an Ambulatory Surgery Center Liable for a Medical Mistake?

 Posted on January 30, 2021 in Medical Malpractice

Joliet medical malpractice attorneysUnderstandably, most people are nervous about having a surgical procedure done. Whether it is a minor procedure or a major surgery, going under the knife can be nerve-racking. While most surgeries are completed without complication, some surgery patients are injured or even killed by surgical mistakes. If you or a loved one were harmed by a surgical mistake at an ambulatory surgical center, you may have a valid medical malpractice claim. You may be able to recover compensation for your medical debts, lost wages, and other damages.

Errors at Outpatient Surgery Centers

More and more surgery patients are turning to same-day surgery centers for routine procedures. These centers are often less expensive and more convenient than having the surgery performed in a hospital operating room. However, an investigation led by USA Today and Kaiser Health News suggests that ambulatory surgery centers may not be the safest choice for even minor surgeries. Through the investigation, they found that 260 people had died after having routine surgeries at ambulatory surgery centers between 2013 and 2018. Many point to under-trained staff and lack of government oversight as reasons for their distrust in surgery centers. However, each case is different and there may be a multitude of factors that lead to a bad surgical outcome.

Medical Malpractice Claims Involving Same-Day Surgery Centers

If you or a loved one suffered new or worsening medical conditions after visiting a surgery center, you may wonder if you can bring a medical malpractice claim against the facility. There are four key components in a medical malpractice claim:

  • The medical facility and/or medical professional had a legal duty to provide reasonably skillful care. This is established by the injured person being an actual patient at the facility.
  • The medical facility or professional failed to uphold this duty by providing inadequate care. Medical care is considered substandard when it fails to meet the “medical standard of care.” This is typically defined as the type of care that a reasonable medical professional of similar education and training would provide in similar circumstances.
  • The patient’s injury or death was caused by the substandard medical care.
  • The patient or the patient’s surviving loved ones suffered damages.

Damages in a medical malpractice claim often include medical bills, loss of consortium or companionship, pain and suffering, and lost income.

Contact a Joliet Surgical Errors Attorney

If a medical facility such as an outpatient surgery center provides substandard care and a patient is injured or killed as a result, the facility may be liable for damages. To discuss your case with a skilled Illinois medical malpractice lawyer, contact Schwartz Injury Law. Call 815-723-7300 for a free, confidential consultation.


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