When Is a Surgical Error Medical Malpractice?

Not every negative outcome is the result of malpractice. Surgical errors are preventable mistakes leading to harm or injury during surgery when healthcare providers fail to meet the accepted standard of care. These mistakes may stem from negligence, poor preparation, improper techniques, or lack of communication. Surgical errors can lead to additional surgeries, long-term health complications, permanent disability, or death.

What Are Some Common Types of Surgical Errors?

Medical professionals can make mistakes during surgery in several ways. The following are some of the most common surgical errors:

  • Wrong-site surgery: As stated in a study published by the National Library of Medicine, an estimated one wrong-site surgery occurs per 100,000 surgical procedures in the U.S. Operating on the wrong body part is a grave error with severe consequences. Wrong-site surgery can occur because of mislabeling patient charts, poor communication among the surgical team, or failure to verify critical information before a procedure.
  • Retained surgical items: According to a recent study published in the Journal of Surgical Research, the incidence of unwanted items left inside the patient during surgery and discovered after skin closure is 1/1000 to 1/19,000. Retained surgical items are the second most frequently reported adverse surgical event. It can cause severe infections and internal damage and may require additional surgery to remove the object.
  • Nerve damage: When nerves are accidentally cut or damaged during surgery, it can lead to temporary or permanent loss of sensation, mobility, and function. Nerve damage that affects areas such as the spine, limbs, or face can be particularly devastating.
  • Unnecessary surgery: A patient who undergoes surgery that was not required due to misdiagnosis or an error in medical judgment is exposed to unnecessary risks. These risks include potential errors during the unnecessary operation.
  • Anesthesia errors: Mistakes made in administering anesthesia before or during surgery can be life-threatening. Anesthesia errors include overdosing, underdosing, and failing to properly monitor a patient’s vital signs. They can cause serious complications, including heart attack, brain damage, and death.
  • Infections: Post-surgical infections due to a failure to properly sterilize surgical tools, the surgical site, or the operating room can be fatal if not promptly diagnosed and effectively treated. 
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What Are the Causes of Surgical Errors?

Surgical errors can result from poor planning, communication breakdowns, and negligence. Many are preventable if proper protocols and safety measures are followed. Common causes include:

  • Inexperience or incompetence: Surgeons who are not properly trained or lack sufficient experience can make critical mistakes during a procedure. 
    Fatigue: Surgeons and staff may work long hours without adequate rest.
  • Inadequate preoperative planning: Failure to thoroughly review a patient’s medical history, allergies, and specific needs before surgery increases the likelihood of error.
  • Time pressure: When a medical team is under time pressure, or a surgeon attempts to rush a procedure, careless mistakes are more likely to happen. 
  • Communication breakdown: Miscommunication between the surgical team or medical staff and the patient can lead to serious errors, such as wrong-site surgery.

If you or your loved one has been a victim of surgical error, you may be entitled to seek compensation for a medical malpractice claim. Contact Scheuerman Law Firm for skilled legal representation and dedicated advocacy. Our experienced surgical error lawyer in San Antonio has a background in defending doctors and hospitals, which gives us a unique advantage in prosecuting medical malpractice lawsuits. 

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How Much Is My Surgical Error Case Worth?

If you’ve been injured due to a surgical error, the value of your personal injury case will depend on several factors, including the severity of your injury, the long-term impact on your health, and the financial and emotional toll the mistake has caused.

At Scheuerman Law Firm, we understand the complexities involved in medical malpractice claims and take a thorough, strategic approach to every case. We work to recover compensation for medical costs, lost income, pain and suffering, and other damages—helping you move forward with confidence and support.

Who Can Be Held Liable for Surgical Errors?

Surgical errors can result in serious, life-altering consequences, and determining who is responsible is a key part of building a strong personal injury case. Liability may extend beyond just the surgeon, depending on the circumstances of your procedure.

Parties who may be held liable include:

  • Surgeons – for mistakes made during the procedure
  • Anesthesiologists – for errors in administering or monitoring anesthesia
  • Surgical nurses – for failing to properly assist or monitor the patient
  • Hospitals or surgical centers – for unsafe conditions or inadequate staffing
  • Medical device manufacturers – if faulty equipment contributed to the error

At Scheuerman Law Firm, we investigate every detail to identify all responsible parties and fight for the justice and compensation you deserve.

Steps to Take if You Think a Surgeon’s Errors Caused Your Injuries

If you suspect that a surgeon’s mistake caused your injuries, it’s important to act quickly and carefully to protect your health and your legal rights. Surgical error cases are complex and often require detailed medical investigation, so the steps you take early on can significantly affect the outcome of your case.

Here are key steps to take:

  • Seek medical attention from another qualified provider to address complications and document your current condition.
  • Request your medical records as soon as possible—they’re essential evidence.
  • Document your symptoms and any effects on your daily life, including pain, mobility, or emotional distress.
  • Avoid speaking with the hospital or surgeon’s insurance company without legal representation.
  • Contact our surgical error attorney at Scheuerman Law Firm to evaluate your case and determine if negligence occurred.

Why You Need a Surgical Error Lawyer

Surgical error cases are complex, requiring in-depth knowledge of both medical and legal standards. An experienced surgical error lawyer can help you understand your rights, gather expert testimony, and navigate the legal system to pursue the compensation you deserve. At Scheuerman Law Firm, we provide the focused advocacy and support you need to hold negligent medical professionals accountable and protect your future.

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Why Trust Scheuerman Law Firm With Your Surgical Error Case?

At Scheuerman Law Firm in San Antonio, we focus on representing victims of surgical errors and other forms of medical malpractice with the care and attention they deserve. We maintain close communication with our clients and take a thoughtful, strategic approach to every case, combining compassion with sharp legal insight.

Board-certified in personal injury law, Attorney S. Tyler Scheuerman brings a distinct advantage to your case with his prior experience defending doctors and hospitals. This insider knowledge allows us to anticipate defense strategies and build stronger claims on behalf of injured patients and their families.

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