Surgical Mistake
Surgical Mistakes & Medical Errors — Holding Hospitals Accountable
Board-Certified Medical Malpractice Attorneys at The Kelly Firm
Every patient entering surgery deserves safe, competent care. Unfortunately, thousands each year suffer preventable injuries from surgical mistakes that occur before, during, or after operations. These errors can leave lasting physical and emotional damage. If you or a loved one were injured by a preventable surgical error, The Kelly Firm’s board-certified medical malpractice attorneys are ready to investigate and fight for the compensation you deserve.
What Are Surgical Mistakes?
Surgical mistakes, also called “never events,” are errors that should never happen when proper safety procedures are followed. They can result from poor planning, fatigue, communication breakdowns, or deviation from established standards of care. Hospitals, surgeons, anesthesiologists, and nurses may all share responsibility when negligence leads to injury.
Common Types of Surgical Errors
- Wrong-Site or Wrong-Patient Surgery — Operating on the wrong body part or the wrong person, often due to failures in surgical verification protocols.
- Retained Surgical Instruments — Sponges, clamps, or tools left inside the body after surgery, causing infection, pain, and repeat operations.
- Anesthesia Errors — Too much or too little anesthesia, unmonitored vital signs, or failure to recognize allergic reactions or oxygen deprivation.
- Nerve or Organ Damage — Accidental cuts, punctures, or cauterization of healthy tissue leading to permanent impairment.
- Infections from Poor Sterile Technique — Contaminated instruments or breaks in sterile procedure causing post-operative sepsis or abscesses.
- Unnecessary Surgery — Performing a procedure that was not medically indicated or based on misdiagnosis.
- Failure to Control Bleeding — Inadequate hemostasis or failure to monitor for post-surgical internal bleeding.
- Postoperative Negligence — Ignoring signs of infection, compartment syndrome, or surgical complications after the operation.
How Surgical Mistakes Happen
Most surgical errors stem from systemic issues and communication breakdowns rather than isolated bad actors. Common causes include:
- Inadequate preoperative planning or imaging review.
- Failure to mark the surgical site or verify patient identity.
- Poor communication between surgeons, anesthesiologists, and nurses.
- Surgeon fatigue, distraction, or rushing procedures.
- Understaffing and lack of proper safety checklists.
- Failure to count instruments or sponges before closure.
- Improper training or supervision of surgical residents or assistants.
Standard of Care and Negligence
Every surgical team must follow established standards of practice designed to prevent avoidable harm. Negligence occurs when a surgeon or hospital fails to provide the level of care that a reasonably careful professional would under similar circumstances. This includes preoperative assessment, intraoperative performance, and postoperative follow-up.
Examples of Surgical Malpractice Cases
- Failure to remove all instruments and materials before closing an incision.
- Operating on the wrong body part or side (wrong-site surgery).
- Performing a different procedure than the one consented to by the patient.
- Misuse of surgical equipment causing burns, lacerations, or punctures.
- Failure to recognize and treat complications during or after surgery.
- Improper anesthesia administration leading to brain injury or death.
Proving a Surgical Error Claim
To establish malpractice, your legal team must prove:
- Duty of Care — A professional relationship existed between you and the surgical team.
- Breach — The surgeon or staff deviated from accepted standards of care.
- Causation — The breach directly caused your injury or worsened your condition.
- Damages — Physical, emotional, or financial harm resulting from the error.
Expert testimony is often required to demonstrate how the surgical care fell below professional standards and how proper care would have prevented harm.
Compensation for Surgical Error Victims
- Economic Damages — Medical expenses, rehabilitation, corrective surgeries, lost income, and reduced earning potential.
- Non-Economic Damages — Pain, suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive Damages — In rare cases, when conduct shows extreme negligence or reckless disregard for patient safety.
Statutes of Limitations
Each state imposes strict deadlines for filing medical malpractice claims. If you suspect a surgical mistake caused your injury, contact an attorney as soon as possible. Acting quickly ensures preservation of evidence, surgical records, and expert analysis needed to prove your case.
Why Choose The Kelly Firm
- Board-Certified Expertise — Decades of experience in medical malpractice and surgical negligence cases.
- Comprehensive Investigation — Access to top surgical, anesthesiology, and nursing experts.
- Trial-Ready Representation — We prepare every case for court to secure maximum compensation.
- Client-Focused Care — We understand the trauma and hardship caused by surgical injuries.
- No Fee Unless We Win — You owe nothing unless we recover compensation for you.
What To Do After a Surgical Error
- Get Medical Help — Seek immediate care to correct or stabilize any post-surgical issues.
- Request Records — Obtain all surgical notes, anesthesia records, and post-op reports.
- Document Everything — Keep a diary of symptoms, doctor visits, and related expenses.
- Preserve Evidence — Save correspondence, discharge papers, and any removed surgical materials if applicable.
- Consult an Attorney — Don’t sign releases or settlement offers without legal advice.
Frequently Asked Questions
Is every bad surgical outcome malpractice?
No. Some surgical complications occur even with proper care. Malpractice exists when the surgical team deviates from accepted standards and that negligence causes harm.
How can I prove a surgical error occurred?
Proving a surgical error usually requires expert review of medical records, operative notes, and witness statements. Experts identify how the surgeon’s actions fell below professional standards.
Who can be held responsible for a surgical mistake?
Potentially liable parties include the surgeon, anesthesiologist, nurses, hospital, or equipment manufacturer—depending on where and how the negligence occurred.
What compensation can I recover?
You may recover compensation for medical costs, lost income, pain and suffering, emotional distress, and in certain cases, punitive damages for reckless conduct.
How long do I have to file a surgical malpractice claim?
Each state has its own statute of limitations for malpractice claims. Contact an attorney as soon as possible to determine your filing deadline and preserve your rights.
Protecting Your Rights After a Surgical Error
Surgical mistakes can cause lasting harm and life-altering complications. The Kelly Firm helps victims uncover what went wrong, demand accountability, and recover the compensation they need to rebuild their lives.
If you suspect you were injured by a surgical error, contact The Kelly Firm for a free case evaluation. Our attorneys will review your case, explain your options, and guide you every step of the way.
Hospital mistakes are wrong. Patients have rights. Let us help you protect yours.
