Undergoing surgery is a big decision, and we trust our surgeons and medical teams to provide competent, skilled care. Unfortunately, surgical errors do happen—and they can leave lasting harm. Such mistakes are often preventable and fall under the “never events” category, meaning they should never occur in a professional medical setting. If you or a loved one has been affected by a surgical error, understanding what went wrong and what legal steps you can take may offer some clarity and a path to justice.
The Most Common Types of Surgical Errors
Surgical errors can vary in nature and severity, but here are some of the most common types patients encounter:
Wrong-Site Surgery
- What Happens: This error occurs when a surgeon operates on the wrong body part. For instance, they may perform surgery on the left knee instead of the right or remove a healthy organ.
- Consequences: Besides unnecessary pain and suffering, this mistake often leaves the original issue untreated, meaning patients may need another surgery.
Wrong-Procedure Surgery
- What Happens: Sometimes, a patient undergoes the wrong procedure due to miscommunication or mix-ups in medical records. Imagine being prepped for a routine appendectomy and waking up to discover an entirely different operation was performed.
- Consequences: Patients face unnecessary risks, prolonged recovery times, and potential complications from procedures they didn’t even need.
Leaving Surgical Tools Inside the Body
- What Happens: Surgical instruments like sponges, clamps, or gauze are accidentally left inside the patient’s body after the surgery. These oversights typically happen during rushed or poorly managed operations.
- Consequences: Leftover tools can cause infections, internal bleeding, or organ damage. Removing them usually requires additional surgery, putting the patient at even greater risk.
Anesthesia Errors
- What Happens: Anesthesia is an essential part of many surgeries, but errors in dosage or administration can occur. Common examples include giving too much (causing complications or even brain damage) or too little (causing the patient to wake up during surgery).
- Consequences: Anesthesia errors are particularly dangerous—they can lead to severe injuries like brain damage, heart conditions, or lasting trauma.
Nerve Damage
- What Happens: Surgeons use precision tools during operations, but even small mistakes can lead to accidental damage to nerves. This can occur from improper technique or the use of excessive force.
- Consequences: Nerve damage can lead to chronic pain, loss of sensation, or impaired movement, sometimes making daily life a struggle for patients.
Performing Surgery on the Wrong Patient
- What Happens: Patients can be mixed up due to clerical errors, poor communication, or a lack of proper identification protocols. Ultimately, the wrong patient ends up undergoing surgery intended for someone else.
- Consequences: Not only is this traumatic for the patient but they’re also exposed to unnecessary surgical risks and complications unrelated to their health concerns.
Legal Considerations for Surgical Errors
Surgical errors often fall under medical malpractice law, which allows patients to pursue compensation for harm caused by a medical professional’s negligence. However, proving medical malpractice involves meeting specific criteria:
Establishing a Duty of Care
You must show that a formal doctor-patient relationship existed and that the medical professional owed you a duty of care to perform the procedure reasonably and skillfully.
Demonstrating a Breach of Duty
Surgeons breach their duty of care when they fail to provide treatment that meets acceptable medical standards. A surgical error—like operating on the wrong site or leaving tools inside a patient—almost always violates this duty.
Proving Causation
It’s not enough that an error occurred; you must prove that the mistake directly caused your injury or harm. For example, if a surgeon accidentally left a sponge inside you, leading to an infection, you’d need to connect the two.
Showing Damages
To seek compensation, you must demonstrate that you suffered measurable harm like medical expenses, loss of wages, ongoing care, or physical and emotional pain.
What Should You Do If You Suspect You’re a Victim?
If you believe a surgical error has harmed you, follow these steps to protect your health and legal rights:
Get Immediate Medical Attention
Seek help from a trusted healthcare provider to address complications caused by the error. Your health and safety should be the top priority.
Request Your Medical Records
Obtain copies of your medical records and surgical notes. These documents provide essential evidence for any potential legal case.
Consult a Medical Malpractice Attorney
Surgical error cases can be legally complex, so working with an experienced lawyer is crucial. They’ll evaluate your case, help gather expert opinions, and file claims within the applicable statute of limitations.
Document Evidence
Record your symptoms, additional treatments, and expenses resulting from the surgical error. This documentation will help your attorney build a strong case for you.
Houston Surgical Error Attorney
If you or a loved one has been affected by a surgical error in Houston, TX, The Brothers Law Firm is here to help. Our experienced team of personal injury attorneys is dedicated to advocating for your rights and ensuring that you receive the compensation you deserve. Contact us today at (903) 829-3877 to learn more about our services and how we can assist you in navigating the complexities of surgical error claims.