Malpractice Arising from Bad Surgical Techniques
Technique is quite personal to each surgeon, and a surgeon may perform a certain procedure in a way that varies from the standard manner for most of his or her career without a mishap. However, if on one occasion a patient were injured by the technique, the patient would have to rely on the expert testimony of a medical professional to establish that the use of the standard procedure would have prevented the injury.
Distinguishing between a mechanical mistake and an error in judgment is often difficult in surgical medical malpractice cases. If a suture is misplaced but the tissue through which it goes is strong and healthy, the patient will usually recover without mishap. However, if the doctor has failed to notice the poor condition of the surrounding tissue while performing the procedure, he or she has made a substantial error in judgment rather than a minor mechanical slip.