Medical Malpractice > Surgical Errors

Surgical errors are among the most common medical malpractice case examples in the U.S. They include errors such as operating on the wrong person or body part, anesthesia errors, leaving an instrument in the body, or making an incorrect incision that leads to infection or even death.

Thousands of surgical errors occur each year. They happen when a healthcare professional is careless, incompetent, or inexperienced. However, even the best surgeons make mistakes. And often, the harm done is minimal. When the doctor assigned a patient’s care does not meet the standard of care, and significant damage occurs directly related to that lapse of proper care, surgical errors become medical malpractice.

WHY PREVENTABLE SURGICAL ERRORS HAPPEN

Surgery demands precision, teamwork, and vigilance. If any piece of that puzzle breaks down among medical professionals, patients pay the price. While we trust hospitals to follow strict protocols, even a moment of distraction or seemingly insignificant miscommunication can turn a routine operation into a life-altering event. Many surgical errors result from one or more of the following common and often preventable scenarios.

Misdiagnosis Before Surgery

A correct diagnosis is the foundation of any effective medical treatment. When doctors misdiagnose a condition, it can lead to unnecessary surgeries or delay the right care altogether. Misdiagnosis mistakes increase the likelihood of surgical complications, especially in high-stakes emergencies.

Misdiagnoses are especially dangerous and more likely with time-sensitive conditions such as:

• Appendicitis
• Bone fractures
• Gastrointestinal bleeding
• Heart attack
• Pneumonia
• Pulmonary embolism
• Stroke

When ER staff misinterpret symptoms or fail to order necessary tests, they may rush patients into the wrong surgery or let conditions go untreated when every second counts.

Operating on the Wrong Site, Organ, or Patient

Unnecessary surgical procedures, or surgery on the wrong body part or patient, aren’t always the result of a misdiagnosis. Performing wrong-site surgeries on the wrong limb, organ, or even another patient is typically a result of clerical mistakes, rushed protocols, or failure to double-check vital information.

Checklists, briefings, and clear communication should prevent this kind of error. When hospitals cut corners, the results can be catastrophic, even though they are entirely preventable.

Anesthesia Errors

Anesthesia is powerful and essential, but it can be dangerous when errors occur. Administering the wrong dose, improper intubation, failing to monitor a patient’s vitals, ignoring allergies, or not recognizing potential medication interactions can cause long-term injury, brain damage, or death. Anesthesiologists carry immense responsibility, and even a single misstep can have lifelong consequences.

Nerve Damage

Even skilled surgeons can inadvertently cause nerve damage if they don’t proceed with care and precision. A single millimeter slip of a scalpel or misplaced instrument can lead to chronic pain, loss of mobility, or permanent numbness. Nerve injuries often go unrecognized until a patient reports pain or dysfunction days or weeks after the operation.

Organ Damage

Internal organs don’t have room for surgical errors. A punctured bowel, torn blood vessel, or bruised organ can create cascading complications, including internal bleeding, infection, sepsis, or even death. Doctors don’t always discover damage immediately during surgery. Patients often return home only to experience intense pain, fever, or digestive distress that signals something went terribly wrong.

Negligence in Post-Operative Care

Surgery isn’t over when the incision closes. Recovery is just as critical and just as vulnerable to negligence. Hospitals must monitor patients for complications, respond to early signs of infection, and ensure that discharge happens only when it’s safe. A rushed or inattentive recovery plan constitutes a failure of duty, putting patients at serious risk.

Retained Surgical Items

Healthcare providers leaving a sponge, clamp, or other surgical tool inside a patient’s body after surgery is one of the most alarming and avoidable surgical errors.

Despite strict surgical protocols, retained surgical items (RSIs) happen far more often than they should. Sponges soaked in blood can blend in with tissue, tiny tools may slip out of sight during emergencies, and providers not performing proper counts can cause missing items to go unnoticed. RSIs can cause severe infections, organ damage, chronic pain, swelling, or the need for additional surgeries.

I THINK MY DOCTOR BOTCHED MY SURGERY. DO I HAVE A CASE?

The simplest way to determine if you have a potential claim is to consider the “four Ds” of medical negligence:  

• Duty of care. Did the surgeon owe a commitment to the patient? In other words, was there a relationship? 
• Dereliction of that duty. Did the surgeon violate the standard of care? Did they commit malpractice?  
• Direct causation. If the surgeon violated the standard of care, did that negligence cause (or contribute to) damages?   
• Damages. Can you prove the damages (medical bills, lost wages, funeral & burial costs, e.g.) incurred by the surgical error?

SHOULD I FILE A CLAIM?

You should consult an attorney if a surgical error falls outside the expected standard of care and causes direct harm to the patient. If the surgical error was avoidable or was the result of negligence or inattention, a medical malpractice attorney may suggest you file a claim with the state.

THE BOTTOM LINE

Surgeons are human beings, and human beings make mistakes. They may be inebriated, overworked, understaffed, or unprepared. As a result, their work can become sloppy or undisciplined. The best healthcare providers put checks in place to avoid catastrophic mistakes, but sometimes these measures are not enough to prevent surgical errors. 

A medical malpractice lawyer with years of experience and a knowledgeable bench of medical experts can make all the difference. It takes compassion to understand the pain accompanying a life-altering surgical error. The feelings accompanying a surgical malpractice case need not be the last word. Contact the medical malpractice lawyers of Montross Miller for a free consultation to see if you have a claim and should take legal action.