Surgical Errors That May Be Grounds for a Malpractice Claim

Surgery always carries inherent risk, but certain errors are considered preventable and may constitute medical malpractice.

Patients trust surgical teams to follow established protocols designed to minimize risk and promote patient safety. When those protocols are not followed, patients may be seriously injured or even killed.

Common surgical errors include operating on the wrong site, leaving foreign objects inside the body, damaging nerves or organs, anesthesia mistakes, and infections caused by improper sterile technique or inadequate post-operative care. These errors can lead to prolonged hospitalization, permanent disability, or the need for additional surgeries.

According to analyses cited by the Agency for Healthcare Research and Quality, thousands of serious surgical “never events” occur in hospitals across the United States each year. These are preventable errors, such as wrong-site surgery or retained surgical items, that should not happen when proper procedures and safety protocols are followed.

“These cases are especially troubling because many surgical errors are entirely preventable,” says CHH Partner Jim Harman. “Patients place enormous trust in their surgical teams, and when that trust is broken, the consequences can be devastating.”

Not every poor surgical outcome is malpractice. Some complications are known to occur even when care is appropriate. However, when a patient is seriously injured due to failures such as inadequate planning, poor communication, or deviation from accepted surgical standards, negligence may be involved.

Determining whether a surgical error qualifies as malpractice requires detailed analysis. Attorneys review operative reports, medical records, and expert opinions to assess whether the surgical team met the standard of care and whether the injury could have been avoided.

Patients often struggle to distinguish between unavoidable complications and preventable mistakes. Consulting with an experienced attorney allows for an objective review of what happened. CHH provides no cost initial case evaluations to help patients understand whether negligence may have played a role and what options may be available.