No matter how good a surgeon may be, mistakes can still happen occasionally. Surgical errors are unintended mistakes or oversights that occur during medical procedures which can sometimes lead to severe consequences for patients and even death. While surgical errors are rare, they can have serious lasting impacts on a patient’s health and well-being. Understanding what distinguishes a surgical error from medical malpractice is essential, as not all errors legally qualify as malpractice. Learn what counts as a surgical error and what can qualify as medical malpractice to determine if pursuing a lawsuit is in your best interest. 

What Are Surgical Errors?

Surgical errors are unexpected incidents that happen during surgery that go beyond the anticipated risks of a procedure. While they are rare, roughly 4,000 surgical mistakes occur annually in the U.S. which goes to show that they can happen. These errors can stem from a variety of sources, including inadequate planning, breakdowns of communication, fatigue, or outright negligence by a surgical team. Examples can include performing surgery on the wrong side of someone, administering incorrect anesthesia doses, leaving surgical instruments inside the patient, and more.

Not all surgical errors qualify as medical malpractice though and, for instance, some complications and adverse outcomes are simply recognized risks even in the most expertly handled surgeries. By differentiating between a negligent mistake and medical malpractice, you can determine whether the error that occurred justified a lawsuit. 

Differentiating Between Complications and Surgical Malpractice

It’s important to understand the difference between a complication that comes from an inherent risk in any surgical procedure and a surgical error due to negligence. Complications are simply adverse effects that can occur despite a medical team following standards of care and doing their absolute best to treat you. Infections, as an example, are sometimes unavoidable risks of surgery even when sterile equipment is used and procedures are followed to the letter.

However, surgical malpractice involves a key failure to meet the standard of care that is expected in medical practice. Disregarding medical protocols, taking unnecessary risks, or knowingly using uncleaned equipment are examples of errors that could qualify as negligence. This distinction is crucial as this will help you to understand your legal rights if you have been harmed from a surgical procedure. 

Common Types of Surgical Errors That May Be Malpractice

There are certain types of surgical errors that can commonly lead to malpractice cases due to the severity and preventable nature of the mistakes. Below are some of the most common surgical errors that could be considered malpractice:

• Wrong-Site Surgery: Wrong-site surgery occurs when a surgeon performs a procedure on the wrong part of the patient’s body; this is very preventable with protocols like preoperative checklists and team verification processes, thus making it one of the most straightforward types of surgical error malpractice.
• Anesthesia Errors: Administering the wrong dose or type of anesthesia can result in serious harm, including brain damage or death, with this error often being the result of poor monitoring, incorrect dosage calculations, or administering medication despite known allergies.
• Retained Surgical Items: Leaving surgical items, such as sponges or instruments, inside a patient after closing them up is another preventable error specifically because surgical teams have strict protocols to prevent this, including item counts before and after surgery. 
• Postoperative Neglect: Proper postoperative care is essential to monitor for complications like infections or bleeding and when a patient does not receive adequate follow-up or their symptoms are ignored, it can lead to serious complications. 

Naturally, you never want to find yourself in a position where you experience any of the above, but sometimes this can happen. If you believe that you have suffered due to medical malpractice stemming from negligence, your next step should be to pursue legal action.

Legal Criteria for Surgical Error Malpractice Cases 

In order to prove that your medical malpractice case was truly due to negligence and not an unavoidable mistake of the surgery, you will need to show four essential elements:

1. Duty of Care

This refers to the legal obligation that a healthcare professional has to provide a certain standard of care to all their patients. If your malpractice case is to proceed, you will need to prove that the medical team had a duty of care which, in most cases, is established when a patient consents to their treatment. 

2. Breach of Duty of Care

The second aspect you will need to prove for your case is that a breach of the aforementioned duty of care occurred. This happens when a healthcare provider fails to follow the standard of care, specifically deviating from what a similarly qualified professional would do in the same situation. To prove this, you will need to provide evidence that outlines that the surgical error wasn’t just an inevitable risk but rather a clearly preventable mistake. 

3. Causation

Third, you will need to show that the breach of duty of care is directly responsible for the injury or injuries that you suffered. If a surgical instrument was left inside you, as an example, you must show that the resulting infection or pain you suffered was due to that action only. 

4. Damages

Finally, to win your medical malpractice case, you will need to show that you suffered damages as a result of the surgical error. Whether it was physical harm, emotional distress, medical expenses, lost wages, or something else, these damages will be essential in determining the compensation you may be entitled to in your malpractice case.

Protect yourself physically and legally

Surgical errors can be truly life-altering events and understanding when they cross the line into medical malpractice is essential for patients seeking justice. While not every adverse surgical outcome will qualify as a medical malpractice case, situations where medical professionals have clearly deviated from standard care may offer grounds for legal action. If you or a loved one believes you have suffered adverse issues from a surgical mistake, reach out immediately to a lawyer who can assist you with your case.