What are Surgical Errors?

A surgical error is a preventable mistake that occurs during a surgical procedure. While it is true that all surgeries involve some element of risk, a surgical error goes beyond that risk, suggesting that the surgeon failed to act in a way that another surgeon would have done, given the same circumstances. The “known risks” of surgery are generally covered in an informed consent signed by the patient; however, surgical errors are unexpected outcomes directly caused by an action or lack of action on the surgeon’s part.

Many surgical errors can occur, with few being as terrifying as the ones known as “never” events—wrong-site, wrong-procedure, wrong-patient. These are surgical errors that should never occur—and when they do, there are likely underlying severe safety problems. Those who have suffered a severe injury due to a surgical error need strong legal counsel by their side to ensure equitable compensation. The Brothers Law Firm has the experience to be a strong advocate in your corner when medical malpractice has occurred. 

Are Surgical Errors Common?

Even though “never” events should never occur—they do. According to WebMD, more than 4,000 surgical mistakes occur each year, and, over a twenty-year period, more than 10,000 “never” events occurred. The most common types of “never” events that occur are leaving a foreign object like a sponge or towel inside a patient’s body following a surgical procedure, performing the wrong procedure on a patient, and operating on the wrong body site. Over the past few years, more safeguards have been put into place to avoid “never” events.

What are the Most Common Types of Surgical Errors?

Aside from the “never” surgical errors, there are other types of more common—but still unacceptable—surgical errors, such as:

• Anesthesia errors—when too much anesthesia is administered, the patient may be oxygen-deprived, leading to brain damage or even death. When an insufficient level of anesthesia is administered, the patient could awaken during the procedure, experiencing excruciating pain levels. Many other anesthesia errors can occur, and that qualify as medical negligence.
• Nerve damage—A slip of the scalpel can lead to a damaged nerve, and a damaged nerve can result in a lifetime of pain, infection, and disability.
• Bowel perforation during a routine colonoscopy or polyp removal. When this occurs, bacteria from the bowel can flood the abdominal cavity, leading to sepsis or peritonitis.
• Lacerated bladder or colon during a tubal ligation or hysterectomy. A laceration of the bladder or colon can cause excessive bleeding, blood clots in the legs, and blood clots that migrate to the lungs, causing pulmonary embolism or even death.
• Accidentally cutting the muscles that control eye movement during sinus surgery. When this occurs, a patient may experience chronic double vision, losing the ability to work, read, or drive.

Why Do Surgical Errors Occur?

Since no two surgical procedures (and no two people) are exactly alike, every surgery error can be somewhat unique. Even so, there are still some common reasons for surgical errors, such as:

• Incompetence on the surgeon’s part—perhaps the surgeon has not performed the procedure before (or has not performed it very often), is not specifically trained in the procedure, or simply lacks the necessary skills.
• Failure to prepare for the surgical procedure on the part of the surgeon. Surgeons must review and prepare for every surgery. This includes thoroughly reviewing the patient’s medical history and being ready for any complication.
• Taking shortcuts—A surgeon may determine that specific steps are unnecessary; however, taking shortcuts can result in surgical errors.
• Failure to properly communicate with nurses and other surgical staff.
• Miscommunication regarding medication dosage
• An overly tired surgeon
• An impaired surgeon
• A surgeon that is neglectful

When is a Bad Surgical Outcome Medical Malpractice?

Not all adverse surgical outcomes result from medical malpractice; sometimes, especially during an emergency, the surgeon must make the best choices possible, given their knowledge of the situation. The surgeon may not be aware of health issues or allergies on the part of the patient and may merely be doing his or her best to save the patient’s life.

Specific surgical procedures have a much higher risk than others; therefore, a bad outcome is not necessarily related to surgical error or negligence. In other words, standard procedures can be followed closely, and all processes could be correct, yet a patient could still die or have a bad outcome.

Determining whether surgical error or medical malpractice applies to any case involves determining whether another surgeon, given the same set of circumstances, would have acted in the same manner. When a surgeon deviates from standard protocols, then he or she may be liable for medical malpractice.   

What Types of Compensation Could Be Available Following a Surgical Error?

Suppose the negligence of a surgeon results in injury. In that case, the injured patient (or his or her family members, in the event of death) may be able to collect compensation for losses via a medical malpractice lawsuit. Economic and non-economic compensation could include:

• All medical expenses related to the injury, including hospital costs, physician and surgical costs, doctor visits, rehabilitative therapies, prescription medications, and assistive aids.
• Lost wages, if work is missed as a result of the injury. If the injured patient is unable to ever return to work, then lost future wages could also be part of the compensation.
• Impairment payments if the injuries have resulted in a partial or total disability, leaving the patient unable to participate in prior activities.
• Payment for disfigurement, if the negligence resulted in scars, missing or deformed body parts, or other types of disfigurement.
• Pain and suffering for any physical pain resulting from the negligence and the resulting injury.
• Mental anguish, including depression, distress, anxiety, or PTSD resulting from the injury.
• Loss of consortium encompasses loss of physical intimacy or companionship resulting from the injuries.
• Lost care, maintenance, services, support, advice, and counsel the deceased would have provided his or her surviving family member.
• Lost love, companionship, comfort, and society.
• Lost inheritance, including what the deceased would likely have saved and left to surviving family members if he or she had lived a normal expected lifetime.

How Do I Know If I Have a Valid Surgical Error Claim?

It is almost impossible for an individual with no legal training to determine whether they have a valid surgical error claim on their own. On the other hand, an experienced Houston surgical error lawyer can gather the facts and evidence surrounding the error that caused your injury and tell you whether your claim is valid.

Perhaps you suffered harm during a surgical procedure, and you believe that harm was the result of a preventable mistake. If this is the case, you have the legal right to seek compensation for your damages—and to seek justice. Attorney John Brothers is ready to help you through the entire process, from start to finish, and to ensure you receive a fair settlement for your medical expenses, lost wages, pain and suffering and other damages.

It must first be established that there was a breach of duty involved in the surgical error that caused you harm. Your Houston surgical error lawyer will determine whether the standard of care expected in the medical community was properly met. If it is determined that the standard of care was not met and as a result, you suffered a worsening of your condition or additional injuries, then your attorney will ask for compensation for your damages. Surgical error cases can be extremely complex and will benefit significantly from the experience and skills of a Houston surgical error lawyer.

Establishing negligence involves proving that the expected standard of care was not met. This means that, given similar training and the same set of circumstances, another surgeon or healthcare provider would have acted much differently. Once the standard of care is established and it is shown that a breach of that standard of care occurred, your attorney will show that the breach was directly responsible for your injury or worsened condition.

Evidence gathering is also crucial to supporting a surgical error claim. Medical records, witness statements, surgical and anesthesia notes, diagnostic test results, pre-surgery notes, and photographs or videos from the procedure will be compiled by your attorney as they build a strong case on your behalf. Your attorney may also bring in expert witnesses to help establish the negligence of the healthcare professional.

Finally, the level of damages you sustained will be determined by your attorney. Even if a surgeon made an error, if that error caused you no real damage, then you don’t have a valid surgical error case. On the other hand, if the surgical error caused damages in the form of additional medical expenses, lost wages, future lost wages, pain and suffering, emotional distress, or loss of enjoyment of life, provided all other elements are met, you have a valid surgical error claim. The severity of your injuries, the overall impact on your quality of life, whether you will require ongoing medical treatment or rehabilitation, and whether you will be able to return to work and make a living are all pieces of your economic and non-economic damages.

What Steps Should I Take Immediately After Discovering a Surgical Error?

Not all surgical complications point to a mistake on the part of the surgeon or other healthcare professional. If, however, you are experiencing any of the following, there may have been a surgical error and you must immediately seek medical help:

• Difficulty breathing
• Persistent nausea or vomiting
• Signs of infection at the incision site including redness, excess drainage, inflammation, or fever
• Setbacks in your health following surgery
• Slow recovery
• New symptoms with no clear explanation
• Excessive pain that worsens rather than getting better

To ensure your surgical error case is strong, there are specific things you can do following your surgery. First, seek immediate medical attention as soon as you realize a medical error is causing your adverse symptoms. All evidence must be properly preserved, so begin documenting and preserving evidence as soon as you realize a surgical error occurred. Keep your own set of records that include surgical notes, all communications with your healthcare provider, your medical records, and any detail you remember about the procedure. If the surgical error is visible, take photographs or videos of things like your incision, or an object left behind.

Once you have gathered all relevant evidence, make an appointment with a Houston surgical error lawyer to discuss the issue. Your surgical error lawyer will review your medical records, advise you on your legal options, and fight for the compensation you deserve following a surgical error. This generally involves presenting a claim for damages to the insurance company. Discovery will be conducted on both sides which includes exchanging relevant documents, medical records, and expert opinions.

Your attorney will negotiate with the insurer for a full and fair settlement on your behalf. If the insurance company refuses to agree to an equitable settlement, your attorney can file a lawsuit against the insurer. In many cases, simply filing a lawsuit will convince the insurer to agree to a fair settlement. If not, your attorney will prepare to argue your case in court. Contacting an experienced Houston surgical error lawyer as quickly as possible is the best step you can take for your future following a surgical mistake.

What is Considered Essential Evidence in a Surgical Error Case?

The purpose of a surgical error claim is to hold the surgeon, other healthcare professional, or hospital accountable for negligent actions. Surgical error lawyers hold the negligent party responsible for this negligence, helping victims get justice and financial compensation for their damages. The most essential evidence in a surgical error case will be to establish that there was a clear breach of duty of care by the healthcare professional or hospital and that the breach of duty of care resulted in harm to you. Your attorney will show that the standards of medical care were not met by your healthcare professional or the hospital, and as a result, you were injured, or your condition worsened.

How The Brothers Law Firm Can Help You Following a Surgical Error

The Brothers Law Firm is fiercely committed to those who have suffered an injury due to a surgical error and clear medical malpractice. Medical malpractice claims can be complicated, requiring in-depth knowledge of the laws governing claims. Attorney John Brothers is a highly skilled negotiator, as well as an aggressive litigator when warranted. We have many testimonials from prior clients who were extremely pleased with the outcome of their medical malpractice or personal injury claims.

Attorney John Brothers has fought for the rights of medical malpractice and personal injury victims throughout his entire legal career—even while he was a student in law school at the University of Houston. While in law school, John clerked simultaneously at two highly respected Houston medical malpractice and personal injury firms. After graduating from law school, John was hired by one of those firms, and only three years later he was managing a complex docket. In 2013, John was recruited as a partner for one of the largest medical malpractice law firms in the state of Texas.

Since that time, John Brothers has handled hundreds of medical malpractice and personal injury cases, recovering millions of dollars for victims and their families. John is highly respected for the integrity, knowledge, professionalism, and skill he brings to every single case, and is a champion for those who need one the most. At The Brothers Law Firm, we have the focus, experience, and resources to ensure you are adequately compensated for your injuries. Contact a lawyer at The Brothers Law Firm in Houston for a comprehensive evaluation of your surgical error claim.