Do I Have A Surgical Malpractice Case: What You Need To Know

January 22, 2023

When it comes to surgical procedures, patients trust that their surgeon and medical team will do everything possible to ensure a successful outcome. However, sometimes things can go wrong, and patients may have serious injuries or complications. If this happens to you, you may wonder if you have a surgical malpractice case. Surgical malpractice attorneys can help determine if you are entitled to compensation after a medical mistake. 

What Is Surgical Malpractice?

Surgical malpractice occurs when a surgeon, anesthesiologist, or other healthcare professional fails to provide patients proper care and attention during or post-surgery. Surgery mistakes are the primary cause of malpractice claims against hospitals.

How could doctors, among the most highly trained and skilled professionals in our society, be responsible for such grievous errors? In most cases, negligence is caused by a preventable error —carelessness or outright malice.

You will need to consider several factors to determine if you have a surgical malpractice case. These include:

  • Did the surgeon or medical professional fail to provide the appropriate standard of care?
  • Did this failure result in harm or injury to the patient?
  • Is there evidence to support these claims?

Common Surgical Mistakes That Call For Surgical Malpractice Attorneys Help 

●     Wrong-Site Surgery

Wrong-site surgery occurs when a surgeon operates on the wrong part or side of a patient’s body. It may be shocking, but these incidents are more common than one might think. A second surgery may be required to correct the mistakes of the first, which can make these errors even more devastating for a patient.

●     Injuring A Nerve During Surgery

Injuries to nerves can result in pain, numbness, tingling, or weakness in areas of the body supplied by those nerves. If an injury occurs, it could mean further procedures and more time in recovery.

●     Anesthesia Error

Anesthesia Is administered to patients before they undergo surgery or other medical procedures. Anesthesia errors include failing to give enough anesthesia, administering the wrong anesthetic, or using the wrong type altogether.

●     Leaving A Piece Of Surgical Equipment

Surgical equipment or a foreign object may be left in an organ during surgery. This can cause severe health complications for the patient and usually requires additional surgery to remove it.

●     Operating On The Wrong Patient

This is one of the most common errors in surgery. It can occur when a patient’s medical records are not properly checked before surgery begins and the wrong patient is operated on. In many cases, this error can be fatal for the patient.

●     Using Unsanitary Tools

The tools used during surgery can also cause medical malpractice. If the surgeon uses unsanitary equipment, this can lead to infections that could have been avoided if proper precautions had been taken.


Contact an attorney immediately if you or a loved one has suffered from a surgical mistake. Malpractice cases must be filed within the statute of limitations in your state, so time is of the essence.

The responsibility of injured patients’ legal teams is to prove that surgeons are at fault and that they could have done something different. Surgical Malpractice Attorneys can help identify the root of the problem and determine whether a case is worth pursuing.

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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