Posted in: | Apr 09,2025
The consequences can be life-altering when something goes wrong in the operating room. Maybe you or a loved one woke up from surgery in unexpected pain that endures. Maybe you’re facing another procedure to fix something that shouldn’t have happened in the first place. Knowing whether the consequence was due to an unfortunate risk or a preventable mistake can be hard. A surgical errors attorney can help identify whether your injury resulted from medical malpractice.
What Counts as a Surgical Error?
All surgeries carry inherent risks, even when performed correctly. Your surgeon should inform you of these risks through a process called informed consent. For example, even with the best medical care, temporary pain, scarring, or infection are possible. However, some poor outcomes are due to surgical errors.
Surgical errors are preventable mistakes that occur when a provider fails to follow established standards of care. Common examples include:
- Operating on the wrong site or the wrong patient
- Leaving surgical instruments or sponges inside the body
- Administering the wrong dose of anesthesia
- Damaging nerves, arteries, or nearby organs due to poor technique
These are known as never events—errors so serious they should not happen under any circumstance.
A study published by the American College of Surgeons analyzed data from surgical error malpractice complaints and found that the most common patient injuries included:
- Need for additional surgery (45.6%)
- Pain (33.8%)
- Mobility dysfunction (10.3%)
- Aggravated or worsened injury (8.8%)
- Death (7.4%)
- Total loss or removal of body part (7.4%)
- Scarring (7.4%)
These outcomes are not only devastating physically and emotionally but can also be grounds for legal action.
How a Surgical Errors Attorney Determines If You Have a Case
To determine whether your poor surgical outcome qualifies as medical malpractice, an experienced attorney will evaluate the following elements:
1. Was There a Breach of Standard of Care?
Medical professionals must meet standards based on what a reasonably competent provider would do in the same situation. If your surgeon skipped key steps, ignored warning signs, or deviated from widely accepted practices, that may be considered negligence.
2. Was There Informed Consent?
Before surgery, your provider should have clearly explained the procedure’s risks, benefits, and alternatives. If the medical staff didn’t warn you about specific outcomes—or if the outcome you experienced wasn’t a known risk—that could support a malpractice case.
3. Did the Error Cause Your Injury?
Just because something went wrong doesn’t mean it was malpractice. A surgical error attorney must prove that the surgeon’s mistake, not a preexisting condition or known risk, directly caused your injury. Often, determining the cause requires expert medical review.
4. Did You Suffer Measurable Harm?
To pursue a claim, you must have incurred damages such as additional surgeries, prolonged recovery, chronic pain, lost income, emotional trauma, or permanent disability.
What to Do If You Suspect a Surgical Error
If something doesn’t feel right after your surgery, you won’t have all the answers immediately, but there are actions you can take.
1. Request and Preserve Your Medical Records
These documents provide the foundation for reviewing what went wrong. They’ll also help your attorney identify red flags and discrepancies.
2. Get a Second Opinion
Another qualified doctor can help assess the damage, explain what should have happened, and confirm whether further treatment is needed.
3. Document Your Experience
Keep a journal of symptoms, missed work, follow-up treatments, and how the injury has affected your life. Save receipts and communication with providers.
4. Contact a Surgical Errors Attorney
You don’t have to decide right away whether to file a lawsuit. A consultation can help you understand whether you have a case and what your options are.
How Montross Miller Can Help
Montross Miller has spent more than 45 years helping patients in Indiana understand what went wrong—and what they can do about it. Our experienced attorneys will:
- Carefully review your medical records
- Consult independent medical experts
- Determine if malpractice occurred
- Help you pursue fair compensation for your pain, losses, and long-term needs
We know the legal system can feel intimidating, especially when you’re still healing. Our goal is to make the process straightforward, supportive, and transparent. Whether or not the case moves forward, you’ll leave our consultation with clarity and a better understanding of your rights.
Get the Answers You Deserve
If you suspect a surgical error changed your life or worsened your condition, don’t wait. These cases often have time limits, and your next step starts with a conversation. Contact Montross Miller today for a confidential, no-obligation consultation with an experienced surgical errors attorney. Let us help you find the answers you need for a better road ahead.
