Surgical Errors
Surgical errors occur when a surgeon or surgical team makes a preventable mistake during an operation, resulting in harm to the patient. These errors range from wrong-site surgery to leaving instruments inside the body, and they can lead to permanent disability, additional surgeries, or death. Surgical malpractice cases often involve clear deviations from accepted medical standards that can be demonstrated through operative reports and expert testimony.
Average Settlement Range
$500,000 - $1,500,000
Actual values depend on injury severity, state laws, and specific case circumstances.
Common Examples
- Wrong-site or wrong-patient surgery
- Surgical instruments or sponges left inside the patient
- Damage to surrounding organs, nerves, or blood vessels during surgery
- Performing an unnecessary surgical procedure
- Inadequate post-operative monitoring leading to complications
- Failure to obtain proper informed consent before surgery
- Errors during minimally invasive or robotic surgery due to insufficient training
Key Facts
- 1Operating room records, including time-stamped logs and surgical checklists, are critical evidence in proving surgical error claims
- 2Wrong-site surgeries are considered 'never events' — incidents so clearly preventable they should never occur — which strengthens the plaintiff's case considerably
- 3Expert surgical testimony is almost always required to establish what the accepted standard of care was and how it was breached
- 4Many surgical error cases involve multiple defendants, including the surgeon, anesthesiologist, surgical nurses, and the hospital itself
- 5The discovery of retained surgical instruments may not occur until weeks or months after the procedure, but statutes of limitations typically begin at the time of discovery
Think You Have a Surgical Errors Case?
If you believe you or a loved one was harmed by surgical errors, it is important to understand your state's laws and act within the statute of limitations.