Every surgery carries inherent risks, even when a skilled provider is performing the treatment. Even though some of these risks are unavoidable, the unfortunate reality is that there are sometimes outcomes that occur because of preventable mistakes.
If your provider fails to meet the accepted standards of care, then you might have a surgical malpractice case that is worth pursuing. In this guide, we are taking a closer look at the most common surgical errors and why they happen, as well as your legal rights after a surgical error.
What Is a Surgical Error?
It’s important to understand the difference between unavoidable surgical risks and preventable surgical errors. If a preventable mistake happens before, during, or after the surgery, then it could fall under the category of medical malpractice.
But just because a complication occurs, it doesn’t necessarily qualify as malpractice. It only counts as medical malpractice if proper standards were not followed and the patient was harmed as a result of these mistakes.
When Surgical Errors Become Medical Malpractice
Every surgeon has strict guidelines and an established standard of care that must be followed at all times. In order to move forward with a surgery mistake lawsuit, you must be able to provide proof of negligence, as well as evidence that shows the causation and measurable harm that occurred.
Just because there is a poor outcome from the surgery, it doesn’t automatically mean that there was a surgical error. In fact, it takes a lot of investigation and evidence to prove that medical malpractice actually occurred.
Most Common Surgical Errors in Malpractice Cases
If you think that you are the victim of surgical malpractice, then it’s time to talk to an experienced attorney who understands these cases. Here are some of the most common types of surgical malpractice cases that our team has worked with:
- Wrong Site/Procedure/Patient Surgery: These situations often occur because of verification failures or miscommunication among the medical team. They are known as “never events” in the healthcare industry, and provide strong grounds for pursuing a surgery mistake lawsuit.
- Retained Instruments or Objects: If a medical instrument or foreign object is left in the body after the surgery, then it can lead to serious consequences such as infection or internal damage. Often, a follow-up surgery is necessary.
- Anesthesia or Medication Errors: Examples of these types of surgical errors include an overdose or underdose of medications, or if a harmful drug interaction occurs. The responsibility might be placed on either the surgical team, the anesthesiologist, or both. Complications can include cardiac or brain injuries.
- Nerve or Organ Damage: If improper technique is used during the surgery, it could result in permanent disability because of nerves or organs that are damaged. These are some of the most serious types of surgical errors in medical malpractice cases.
- Failure to Obtain Informed Consent: Surgeons and healthcare providers have the responsibility to fully inform patients about the surgical risks and alternative treatment options. If there is a violation of consent, then it could support a malpractice case (even when the surgery was technically successful).
- Unnecessary or Wrong Surgery: If the surgical treatment wasn’t medically required, or the wrong surgery was performed, then it might be grounds for a surgical malpractice case. These issues lead to harm and recovery time that could have been avoided. Usually, this type of malpractice case occurs because of the doctor’s errors with diagnostics or judgment about the patient’s condition.
Why Surgical Errors Happen
There are a variety of reasons why surgical errors happen, which is why medical providers must follow strict guidelines to protect each patient. Often, the most common cause is a breakdown in communication between the surgical staff.
Sometimes, mistakes happen because the healthcare providers aren’t feeling their best due to fatigue or time pressure. Or, the provider might be inadequately prepared to complete the surgery.
Other potential causes of surgical errors include the misuse of the equipment or even equipment failure. The liability might fall on supporting healthcare providers if poor post-operative monitoring occurred, resulting in complications after the surgery.
Common Injuries Caused by Surgical Errors
Surgical malpractice is a big concern, especially because of the severe complications that can affect the patient’s life. Some of the most common injuries that occur because of surgical mistakes include:
- Severe infections
- Sepsis
- Internal bleeding
- Organ damage
- Permanent nerve damage
- Loss of mobility or function
- Need for additional treatment or surgeries
Depending on the extent of the injuries, there might be treatment options to help a patient recover. But in severe cases, surgical malpractice can unfortunately lead to a loss of life for some patients.
How Surgical Errors Are Proven in Malpractice Lawsuits
In order to win a surgical malpractice case, extensive evidence needs to be gathered to prove liability and the mistake that occurred. You need an experienced legal team to help build the case. We can prove malpractice through a comprehensive approach:
- Review of medical records and operative reports
- Expert testimony from qualified healthcare professionals
- Review of hospital protocols
- Surgical counts and imaging evaluations
- Post-operative complications and timelines
What Compensation is Available in Surgical Error Cases
Our legal team will help with calculating all of the applicable financial expenses related to the surgical errors to help you get fair compensation for the case. Not only is compensation available for medical bills and future treatment costs, but we also build other related expenses into the negotiations.
For example, you might be able to receive compensation for lost income during recovery and reduced earning capacity in the future. Additional compensation might be available for pain, suffering, and emotional distress. If the medical mistakes resulted in a loss of life, then the victim’s family might receive wrongful death damages.
The amount of financial recovery that you receive depends on the circumstances of the case, the severity of your injuries, and how the complications will have a long-term impact on your life.
FAQ
Is a surgical error always malpractice?
No, just because there is a risk from surgery, a poor outcome doesn’t necessarily qualify as malpractice. A malpractice case only applies if the provider breached the standard of care and these actions caused harm to the patient.
What evidence is needed to prove a surgical error?
Extensive evidence is necessary to prove the surgical error, such as medical records and expert testimony. Our legal team can help by proving how your injuries were caused by the healthcare provider’s mistakes.
Understanding Your Options After a Surgical Mistake
The most important thing that you can do after a surgical mistake is to seek medical evaluation immediately and reach out to an attorney who specializes in surgical malpractice. You have legal rights after a surgical error, and our team is here to advocate on your behalf.
For more information, contact us at Wormington & Bollinger. Our skilled legal team is here to protect your interests and help you get the compensation you deserve.