Every year, thousands of surgical errors occur in the United States, many of which are the result of negligence by a surgeon. “Surgical negligence” is not the same thing as a “bad outcome” following surgery, but the two categories do overlap. Specifically, there are certain bad outcomes, sometimes called “known complications” of surgery, which can occur even if the surgeon acted reasonably. There are other injuries that occur, however, because the surgeon (or someone involved in the surgery other than the surgeon) failed to act reasonably under the circumstances. This is known as “surgical negligence.”
Before surgery, you will be asked to sign a document called a consent form – a document which is supposed to describe certain “known risks” of the surgery you are about to undergo. This is because the law requires that the consent you give be informed; the doctor must explain the surgery’s risks so that you understand them.
Negligence by the surgeon is never a risk to which you can consent; the law in Illinois refuses to protect a surgeon who has failed to act with reasonable care. Some acts of surgical negligence are so preventable that doctors call them “never events” because they should never happen. Examples of surgical never events include leaving surgical tools inside the patient, operating room fires, or operating on the wrong part of the body.
Common Causes of Surgical Negligence
Every surgery is unique. Unfortunately, some errors have become too common to be considered unique. Some of the common, underlying, reasons for these errors are:
- Negligence: Not being as careful or thorough as they should have been.
- Incompetence: Lacking the skill to perform the surgery successfully.
- Poor Communication: Failing to communicate properly with the surgical team and/or other hospital staff.
- Work Process Errors: Taking unnecessary shortcuts.
- Preoperative Preparation Errors: Failing to adequately review, prepare for, and take steps to prevent “known” risks of the surgery.
- Fatigue: Not having adequate rest before performing a surgical procedure.
- Drugs/Alcohol: Performing a surgical procedure while impaired.
This infographic outlines the prevalence, types, and causes of surgical errors – and the next steps to take if you’ve been a victim:
