Under Virginia medical malpractice law, a cut, burn, or perforation to a bowel or colon may be a viable malpractice claim. Today, doctors use many devices beyond the Scout Bowl, harmonic scalpels that actually vibrate. These various devices can vibrate and burn tissue. If a doctor burns tissue that is not supposed to be burned or lacerates or perforates the tissue during the procedure, the patient may be able to pursue a malpractice claim.

At Shapiro, Washburn & Sharp, our experienced medical malpractice attorneys have successfully handled cases where surgical errors led to severe harm. If you or a loved one has suffered from a surgical error such as a cut, nicked, or perforated bowel, it’s crucial to seek legal advice as soon as possible. Contact our office for a free consultation at 833-997-1774 to learn more about your legal options and how we can help you pursue the compensation you deserve.

When Is a Cut, Burn, or Perforation Considered Malpractice Under Virginia’s Malpractice Law?

A cut, burn, or perforation during medical treatment can be considered medical malpractice under Virginia’s malpractice laws if it results from a healthcare provider’s negligence. Medical malpractice occurs when a provider fails to meet the accepted standard of care, causing injury or harm to a patient. In the context of surgical or medical procedures, errors such as accidental cuts, burns, or perforations may qualify as malpractice if:

  • The provider deviated from the standard of care expected in their field.
  • The injury was avoidable with proper skill and care.
  • The harm directly resulted in measurable damages, such as additional medical costs, pain, or loss of function.

For example, a perforation caused by careless handling of surgical tools or failure to account for patient-specific risks could be grounds for a malpractice claim. However, not every adverse outcome qualifies as malpractice. Some risks, like minor cuts or perforations, may be inherent to certain procedures and disclosed as part of informed consent.

What Evidence is Needed to Prove Malpractice for a Cut, Burn, or Perforation?

To prove medical malpractice for a cut, burn, or perforation, the injured patient must provide evidence demonstrating the healthcare provider’s negligence. Key elements include:

  • Establishing the standard of care: An expert witness (often a medical professional in the same field) must testify to what a reasonably competent provider would have done in the same situation.
  • Proving breach of standard: The evidence must show how the provider’s actions fell below the accepted standard of care. Examples include a cut or burn resulting from improper use of medical instruments or a perforation caused by reckless surgical technique.
  • Causation: The injury must be directly linked to the provider’s negligence, not an unrelated factor or inherent procedural risk.
  • Damages: The patient must demonstrate harm resulting from the injury, such as additional surgeries, increased medical costs, prolonged recovery, or loss of income.

Common evidence includes medical records, surgical reports, expert testimony, and documentation of the injury’s impact on the patient’s life.

Are There Situations Where a Cut, Burn, or Perforation is Not Considered Malpractice in Virginia?

Not every cut, burn, or perforation during medical treatment is considered malpractice under Virginia law. Some situations where these injuries might not qualify include:

  • Inherent risks of a procedure: Certain injuries, such as small perforations, may be known risks associated with specific surgeries or treatments. If these risks are disclosed during the informed consent process, they may not constitute malpractice.
  • No deviation from the standard of care: If the healthcare provider acted competently and within the standard of care, but the injury occurred due to unavoidable complications, it is unlikely to be considered malpractice.
  • No harm resulted: If a cut, burn, or perforation is minor, causes no lasting harm, or is promptly and effectively treated, it may not meet the threshold for malpractice.
  • Emergency situations: In emergencies where split-second decisions are required, some injuries may occur despite reasonable efforts by the provider.

Determining whether an injury constitutes malpractice often requires a detailed investigation by legal and medical experts.

What Legal Options Are Available for Patients Injured by Cuts, Burns, or Perforations?

Under Virginia law, patients who believe they have suffered from malpractice due to a cut, burn, or perforation during medical treatment have several legal options:

  • File a medical malpractice claim: Seek compensation for damages, including medical bills, lost wages, pain and suffering, and any long-term impacts of the injury.
  • Consult an experienced malpractice attorney: An attorney can assess the case’s viability, gather evidence, and work with medical experts to build a strong claim.
  • Request mediation or arbitration: In some cases, alternative dispute resolution methods may provide a quicker, less adversarial solution than a court trial.
  • Negotiate a settlement: Many malpractice claims are resolved through settlements, ensuring compensation without the need for prolonged litigation.

In Virginia, the statute of limitations for filing malpractice claims is two years, though certain exceptions may extend this period. Acting quickly to consult an attorney and begin the claims process is essential to preserving your legal rights.

Contact Our Medical Malpractice Law Firm for a Free Consultation

If you believe a doctor or surgeon’s mistake has caused you harm, it is critical to act quickly. Surgical errors can lead to severe complications, including sepsis, and holding negligent healthcare providers accountable is essential.

At Shapiro, Washburn & Sharp, our medical malpractice attorneys represent victims of surgical errors and medical negligence. We offer free, confidential consultations and represent clients on a contingency-fee-basis—meaning you won’t pay any legal fees unless we recover compensation for you.

Contact our office today at 833-997-1774 to schedule your free consultation with a doctor malpractice lawyer, and let us help you understand your legal options.