Surgical Errors and Medical Malpractice

Some of the most serious medical malpractice injuries involve surgical errors. Surgical errors are also some of the least reported accidents caused by medical negligence. Surgeons can make mistakes and blame it on the complications of surgery.

It may take a surgical expert to review your medical records to identify a surgical mistake. If you suspect a medical error caused serious injuries, talk to a medical malpractice lawyer. They can review your case and explain your legal options.

Common Types of Surgical Errors

Surgical errors can happen anytime between a medical diagnosis and hospital discharge. Whenever health care professionals don’t follow proper medical standards, it can put patients at risk of life-threatening injuries. Some of the most common surgical errors include:

• Surgical site infections
• Unnecessary surgical procedures
• Anesthesia errors
• Delayed response to surgical complications
• Wrong body part surgery
• Wrong patient surgery
• Wrong side surgery

Never Event Surgical Mistakes

A “never event” is a medical term referring to a mistake that never happens without negligence. If doctors, surgeons, and the surgical team follow the right procedures, these mistakes should never happen. Surgical never events include:

• Wrong site surgery
• Wrong procedure surgery
• Wrong patient surgery
• Left behind foreign objects
• Fatal anesthesia errors

These never events happen to thousands of patients every year. Health care providers may have inconsistent site-marking procedures or not follow proper operating room procedures. Surgical teams may rush and skip verification of the right procedure, site, and side. Hearing about these never events can make people not want to go through with surgery.

Wrong Patient Surgical Error

For example, a surgeon has multiple surgeries scheduled and is running behind. The surgeon mixes up medical records and marks you for a left leg amputation. After surgery, you wake up and tell the doctor you were there for a kidney removal. Because of miscommunication and medical errors, you lost your leg and still have a diseased kidney.

Left Behind Surgical Error

Left-behind foreign materials lead to serious surgical injuries. It can take months before you find out about what caused your injury. You can suffer surgical complications, infections, and other symptoms without knowing you have sponges or surgical instruments inside your body. However, you only find out about the error after follow-up treatment.

Unexpected Risks of Surgical Procedures

Any surgical procedure always has risks. Part of a surgeon’s duties is explaining the risks and benefits to you. Common risks of surgery include infection, brain damage, and nerve damage.

You have to understand what’s involved to make an informed choice about your care. If the doctor doesn’t get your informed consent, it can lead to a malpractice claim. For informed consent, the doctor and medical staff must explain to you:

• The nature of the surgical procedure
• The anticipated results of the procedure
• The possible risks and complications of the surgery
• The alternative forms of treatment and non-treatment

The consequences of a surgical error can include more surgeries, permanent disability, and chronic pain. If you suffered a side effect of surgery that the doctor never warned you about, they may not have gotten your informed consent.

Filing a Medical Malpractice Claim for Surgical Errors

Many malpractice victims don’t file medical malpractice lawsuits because they think there’s no evidence of malpractice. Not all surgical injuries are caused by medical negligence. But when surgeons don’t follow medical standards and cause injuries, the doctor is liable.

To prove a surgical error is medical malpractice, you have to show the following:

• The surgeon owed you a duty of care as the patient
• The surgeon breached their duty of care by failing to follow medical standards of care
• The surgeon’s breach caused your injuries
• You suffered harm as a result of the surgeon’s actions

Potential Compensation for Surgical Errors

While no amount of money will reverse the damage, financial compensation can help you move on after a surgical error and pay for your recovery. The insurance company will try to settle the case for as little as they can. Your lawyer can negotiate to put you in the best position to get the maximum possible settlement. If the insurance company won’t settle, your lawyer can take your case before a jury.

Compensation in a medical malpractice case includes economic and non-economic damages. Non-economic damages are for consequences without a clear dollar value. These include pain and suffering, loss of enjoyment in life, and emotional distress. Economic damages include the financial consequences of a surgical error, including:

• Costs of medical treatment and additional surgeries
• Lost income and loss of earning potential
• Mobility devices
• Prosthetics

Choosing the Right Malpractice Lawyer for Your Case

Medical malpractice cases aren’t like other personal injury claims. Find a medical malpractice attorney with experience handling surgical error cases like yours.

Your lawyer can investigate your case to identify where the surgical errors are and who is responsible. Your lawyer can file your case in court and fight to get you compensation. Contact an experienced medical malpractice lawyer for legal advice as soon as possible after a surgical error.