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. 
Banner media

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 San Antonio surgical error lawyer has a background in defending doctors and hospitals, which gives us a unique advantage in prosecuting medical malpractice lawsuits. 

Tyler Scheuerman - Super Lawyers 2023 Board Certified - Texas Board of Legal Specialization Martindale-Hubbell Peer Review Rated logo AV Preeminent 2016 award Super Lawyers Tyler Scheuerman - 15 years American Board of Trial Advocates logo Texas Bar College logo State Bar of Texas logo
Tyler Scheuerman - Super Lawyers 2023
Board Certified - Texas Board of Legal Specialization
Martindale-Hubbell Peer Review Rated logo
AV Preeminent 2016 award
Super Lawyers Tyler Scheuerman - 15 years
American Board of Trial Advocates logo
Texas Bar College logo
State Bar of Texas logo

Ready to Discuss Your Case?Schedule a Consultation

Contact Us
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (210) 469-1980.
Contact Us