Can You Sue a Surgeon for Inadequate Pain Management After Surgery?

May 15, 2024

Undergoing surgery can be a stressful experience, both physically and emotionally. Following a successful procedure, patients rely on their healthcare team for adequate postoperative care, which includes effective pain management. When pain management falls short, it can lead to unnecessary suffering and complications. If you’re a patient in New Jersey who has experienced inadequate pain management after surgery, you may wonder if you can pursue legal action against your surgeon or healthcare provider. This article aims to address that question, explaining the legal framework, challenges, and next steps for patients seeking justice for medical malpractice.

Understanding Medical Malpractice in Pain Management

What Is Medical Malpractice?

Medical malpractice is a legal cause of action that occurs when a healthcare provider deviates from accepted standards of medical care, causing harm to a patient. In New Jersey, a medical malpractice claim requires proving that the healthcare provider’s conduct fell below the standard of care expected in the medical community.

Defining the Standard of Care

The “standard of care” is defined as the level of care that a reasonably skilled healthcare provider, practicing in the same field and under similar circumstances, would provide. This standard varies based on the provider’s specialty, the patient’s condition, and the circumstances surrounding the care.

Inadequate Pain Management: What Does It Look Like?

Inadequate pain management can take many forms, including:

Failure to Acknowledge Pain: Medical staff dismiss or downplay patient reports of pain.
Lack of Pain Assessment: Failure to assess or reassess pain levels following initial treatment.
Improper Medication Prescription: Prescribing the wrong medication or incorrect dosages.
Delayed Pain Relief: Delays in administering pain medications or implementing other pain management strategies.
Ignoring Contraindications: Prescribing pain medications contraindicated due to patient history or other medications.

Identifying Negligence in Pain Management

To establish negligence in a medical malpractice case, it must be proven that:

Duty of Care: The healthcare provider owed a duty of care to manage the patient’s pain effectively.
Breach of Duty: The provider failed to meet the accepted standards of medical care.
Causation: The breach directly caused harm or additional suffering to the patient.
Damages: The patient suffered quantifiable harm due to inadequate pain management.

Examples of Inadequate Pain Management Cases

Postoperative Negligence: After surgery, a patient suffers excruciating pain due to the surgeon’s failure to prescribe pain relief medication.
Chronic Pain Dismissal: A patient with a history of chronic pain receives minimal pain relief due to healthcare staff dismissing their pain as “all in the head.”
Overmedication Issues: Incorrect dosages lead to a patient suffering side effects or becoming addicted to painkillers.

Legal Process and Challenges in Suing for Inadequate Pain Management

Step-by-Step Guide to Filing a Claim

Consultation with a Medical Malpractice Attorney: The attorney will assess the case’s merits and determine if there’s a viable malpractice claim. Medical records, witness accounts, and the patient’s medical history are reviewed.
Obtaining Medical Records: Comprehensive medical records, including surgery notes and postoperative assessments, are obtained and examined for evidence.
Expert Review and Affidavit of Merit: A qualified medical expert reviews the case. An affidavit of merit is filed, stating there is a reasonable probability that the standard of care was breached.
Filing the Lawsuit: A complaint is filed in court, outlining the claims against the healthcare provider(s).
Discovery Phase: Both sides gather evidence, including depositions, medical records, and expert testimony.
Settlement Negotiations or Trial: Many cases are settled out of court, but some proceed to trial.

Statute of Limitations in New Jersey

In New Jersey, the statute of limitations for filing a medical malpractice claim is generally two years from the date the act of malpractice occurred or from when the patient reasonably should have discovered the injury. For minors under the age of 18, the clock typically starts ticking once they turn 18, with certain exceptions. Consulting with a lawyer early is crucial to ensure compliance with these deadlines.

Challenges in Medical Malpractice Claims

Proving Causation: It can be challenging to prove that inadequate pain management directly caused harm, particularly if the patient had pre-existing conditions.
Establishing Standard of Care: The standard of care can vary, especially in complex cases involving multiple specialties.
Expert Testimony: Finding qualified experts to testify can be difficult and expensive.
Affidavit of Merit Requirement: An affidavit of merit from a qualified expert must be filed within 60 days of the defendant’s response.

Compensation and Damages

If successful, a medical malpractice lawsuit can provide compensation for:

Medical Expenses: Costs for additional treatment, therapy, and medications resulting from inadequate pain management.
Lost Wages: Compensation for time off work due to pain and suffering.
Pain and Suffering: Monetary compensation for physical pain, emotional distress, and loss of enjoyment of life.
Loss of Consortium: Compensation for spouses affected by the patient’s suffering.

Punitive Damages

In New Jersey, punitive damages are only awarded in cases where the healthcare provider’s conduct was particularly egregious or reckless. They are capped at five times the amount of compensatory damages or $350,000, whichever is greater.

How Bramnick Law Can Help You

At Bramnick Law, our New Jersey medical malpractice lawyers have extensive experience representing patients harmed by inadequate care and pain management. Our team understands the complexities involved in these cases and is committed to fighting for the justice and compensation you deserve.

Why Choose Us?

Personalized Legal Advice: We provide tailored legal strategies that fit your unique situation.
Expert Network: We collaborate with a network of respected medical experts to substantiate negligence claims.
Contingency-Based Fees: You pay no fees unless we secure compensation for you.
Compassionate Approach: We understand the emotional toll of malpractice and offer compassionate support.

Our Process

Free Consultation: Discuss your case with our team to assess the potential for a malpractice claim.
Investigation: We investigate all aspects of your medical care, gather evidence, and consult with experts.
Legal Action: If negligence is established, we file the lawsuit, handle negotiations, and, if necessary, represent you in court.

Contact Bramnick Law Today to Schedule a Free Consultation to Discuss Your Medical Malpractice Claim

If you believe you have been a victim of inadequate pain management after surgery, it’s essential to consult with a medical malpractice attorney immediately. Understanding your rights and the nuances of New Jersey law can help you obtain the compensation you deserve.

At Bramnick Law, we’re here to guide you through the complexities of medical malpractice claims and ensure your rights are fully represented. Contact us today for a free consultation.