Surgery always carries some degree of risk, but patients generally trust that their medical team will keep them safe. Unfortunately, not all medical professionals follow the basic safety rules related to surgical procedures, which can lead to devastating consequences for the patient.
Surgical errors are not only severe, but they are also fairly common. According to reporting from CNN, 1 out of every 10 surgery patients who experience a bad outcome was the victim of avoidable surgical mistakes.
Not every poor outcome after surgery is medical malpractice. While a positive outcome is never guaranteed, you have the right to pursue financial compensation if you were injured due to an avoidable mistake on the operating table. Let a Stamford medical malpractice lawyer from our firm review your records and advise you on whether you have a strong case for damages.
Common Causes of Surgical Errors
There are numerous factors that can lead to a surgical mistake, and they are not all the fault of the surgeon. Some of these issues include the following:
Poor Pre-Surgical Planning
Surgeons must review the patient’s condition, medical history, and diagnostic imaging before entering the operating room. When providers fail to do so, they increase the risk of operating on the wrong area or overlooking important complications.
Communication Failures
Surgery involves a team of medical professionals, and mistakes can happen when they fail to communicate. This might be due to personal reasons, or the lack of communication might involve some kind of systemic failure within the hospital itself.
Wrong-Site Surgery
Hospitals use verification protocols to confirm the correct patient, body part, and procedure before surgery begins. When providers skip or rush through these steps, surgeons may operate on the wrong body part or perform the wrong procedure entirely.
Fatigue
Surgeons are known for working long hours, especially during complex procedures. Unfortunately, these medical professionals do not always take the steps necessary to rest between shifts, leaving them more likely to make an error due to fatigue.
Inadequate Monitoring During Surgery
Anesthesiologists and surgical staff must monitor the patient’s vital signs throughout the procedure. If they don’t, they might miss a warning sign that something is wrong.
Retained Surgical Instruments
One of the most well-known surgical errors occurs when sponges or instruments are accidentally left inside a patient. These objects can cause infection, internal damage, and the need for additional surgery. Unlike other errors, there is no reasonable excuse for this to occur during a procedure.
Injuries and Conditions Caused by Surgical Mistakes
Surgical errors often lead to serious medical complications that require additional treatment. Some of the most prominent examples include the following:
Organ Damage
Surgeons working near delicate organs must operate with precision. Accidental damage to organs such as the liver, kidneys, or intestines can cause internal bleeding and require emergency intervention.
Severe Infections
A number of factors, from contaminated equipment to improper sterilization, can lead to serious infections. In severe cases, infections may even lead to life-threatening conditions like sepsis.
Nerve Injuries
Nerve damage during surgery can lead to chronic pain, numbness, weakness, or permanent loss of function in certain areas of the body. This outcome is common when healthy tissue is accidentally damaged during surgery.
Anesthesia Injuries
Errors involving anesthesia may result in oxygen deprivation, brain injury, or dangerous reactions to medications. In extreme cases, patients may suffer cardiac arrest during surgery.
Internal Bleeding
Improper surgical technique can lead to uncontrolled bleeding inside the body. Patients may not immediately recognize the symptoms, which can lead to lengthy delays before they get the treatment they need.
What Is Unnecessary Surgery?
Unnecessary surgery occurs when a doctor recommends or performs a procedure that is not medically required. In some cases, a surgeon may misdiagnose a condition and perform surgery that does not address the actual problem. In others, a doctor may recommend an invasive procedure when safer or less aggressive treatments are available.
These cases raise serious legal concerns because surgery exposes patients to significant risks. When a doctor recommends surgery without a valid medical reason or fails to inform the patient about reasonable alternatives, the patient may not have given informed consent.
In malpractice law, informed consent means that the patient must understand the risks of a procedure before agreeing to treatment. If a physician withholds important information or performs a procedure that was never medically necessary, they could be found to have committed malpractice.
These cases are complex, but a Stamford medical malpractice lawyer can evaluate whether the procedure was justified and whether the patient received accurate information before the surgery.
What to Do When Filing a Malpractice Claim
If you believe a surgical mistake caused harm, the steps you take in the weeks and months that follow can affect both your recovery and your chance at securing financial compensation. Some of the most important things to do in this scenario include the following:
Seek Immediate Medical Care
Your first priority should always be your health. If complications appear after surgery, you should seek additional medical attention right away. It is in your best interest to see a second doctor at this point, as they might be able to identify an issue caused by your surgeon.
Request Your Medical Records
Medical records play a vital role in proving that a surgical mistake occurred, so you should secure copies as soon as possible. Your attorneys can go through these documents in order to determine if a mistake occurred. Some examples include surgical reports, anesthesia records, and discharge instructions. When read together, these documents can paint a picture of what went wrong.
Document Your Symptoms
Keep a record of how the injury has affected your daily life. This includes writing down the symptoms you experience and the medical care you received. Write down your symptoms while also documenting the care you received. The more documentation you have, the easier you can make it for your legal team when they help you pursue justice.
Speak With a Qualified Stamford Medical Malpractice Attorney
Arguably, the most important step you can take after a surgical error is discussing your options with an attorney. These are some of the most complex types of personal injury cases, and attempting to settle them on your own is a major mistake. Your attorney can help you understand what to expect and handle every aspect of your claim.
How an Attorney at Slager Madry Can Help
Surgical malpractice cases are complex and often involve large hospitals and insurance companies that aggressively defend claims. An experienced attorney helps level the playing field.
First, your lawyer conducts a detailed investigation. This includes reviewing surgical records and consulting with medical experts as needed. Given how complex these cases can be, this process can take time.
Second, an attorney identifies all responsible parties. While it is natural to blame the surgeon, there are other parties who could also be to blame. This includes nurses, other physicians, and even the facility where the procedure occurred, which might be liable for your damages.
Third, your lawyer calculates the full extent of damages. Surgical injuries can create long-term medical needs, lost earning capacity, and ongoing pain. A Stamford medical malpractice lawyer can build the strongest possible case on your behalf.
Finally, your lawyer can help you meet all important legal deadlines. The most significant of these is the statute of limitations, which restricts the amount of time you have to file a lawsuit. According to Connecticut General Statutes Section 52-584, you typically have two years from the date of your surgery to file suit. What your attorney can help you understand is that you may have additional time to file if you weren’t immediately aware of a surgical error.
Reach Out to Slager Madry Right Away to Discuss Your Surgical Error
Surgical errors should never occur under any circumstances. These mistakes are not only devastating, but they are also entirely preventable. If you are living with the consequences of a surgical error, now is the right time to seek legal help.
The team at Slager Madry is ready to answer your questions and advocate on your behalf. Contact us as soon as possible for a free consultation.
Frequently Asked Questions
What qualifies as a surgical error malpractice case?
Surgeons commit malpractice when they injure a patient by failing to adhere to accepted medical standards.
Are wrong-site surgeries common?
Wrong-site surgeries happen, but they are fairly uncommon. The NIH reports that they make up around .9 to 4.5 of every 10,000 operations in the US.
Do all surgical complications mean malpractice occurred?
No. Surgery carries inherent risks, and some complications occur even when doctors provide appropriate care.
Who can be held responsible for a surgical mistake?
In addition to the surgeon who performed the procedure, other parties who could be held liable include physicians, nurses, administrators, and medical facilities.
Why should I speak with a lawyer after a surgical injury?
A Stamford medical malpractice lawyer can answer your questions and handle every aspect of your claim.