What is surgical malpractice?

surgical malpractice

Surgery malpractice is when a surgeon fails to provide reasonable care during surgery and makes a surgical mistake. Surgical malpractice leads to an injury, loss of income, or even wrongful death. The patient or his or her family must prove that the doctor failed to perform with reasonable care during surgery.

Common surgical errors

  • Perforation or an abnormal opening in a hollow organ made by organ puncture, rupture or injury during a colonoscopy, hysterectomy, laparoscopy, colostomy to the bladder or bowel
  • Bypassing the wrong artery or the good artery
  • Wrong site surgeries such as amputating the wrong leg, removing the wrong breast, or operating on the good eye are just a few examples.
  • Too much anesthetic, not enough anesthetic, the wrong anesthetic
  • Using unsanitary surgical instruments
  • Leaving surgical instruments, sponges, and gauze in the body after the operation is over
  • Excessive blood loss
  • Infection causing septicemia or blood poisoning
  • Brain injury bleeds from heparin, aspirin, Plavix
  • Nerve damage or spinal fluid leak during spinal fusion surgery
  • Delayed surgery
  • Prolonged surgery
  • The most common types of surgical errors are during childbirth, gastric bypass, heart and lung surgery, nose jobs, and laparoscopic intestinal surgery.

The above is by far not a complete list but perhaps the most common examples of surgical errors for which surgical malpractice lawsuits are filed.

Compensation in a surgical malpractice case is subject to the extent of damages sustained by a patient. Other factors include the statute of limitation laws, the strength of the case, the testimony of experts, and the knowledge, experience, and presentation of the litigators.