Surgical Errors & Patients' Legal Rights
After surgery, you might wonder if complications arose from normal risks or from a doctor's mistake. Surgical errors differ from known surgical risks explained during your informed consent discussion. If a surgeon meets the expected standard of care, an unexpected complication is usually not malpractice. However, a preventable error that the surgeon should have avoided might be considered negligence under medical malpractice laws.
The Difference Between Surgical Errors and Normal Risks
All surgeries have risks, even when the surgeon does everything correctly. Before surgery, doctors must inform you about these possible risks, a process called informed consent. A surgical error goes beyond these known risks and involves a preventable mistake. For example, minor bleeding might be a known risk of gallbladder surgery. However, accidentally cutting a major artery during the same procedure would be a surgical error. The key question is whether the harm resulted from the surgeon failing to meet the standard of care.
Essential Elements of a Surgical Malpractice Claim
To sue a surgeon for a mistake, you'll need to show that they didn't provide the care that a competent surgeon in the same specialty would have. You must also prove a direct link between the surgeon's mistake and your injury. A medical expert, like another surgeon in that specialty, likely will need to testify that the first surgeon made a mistake.
Common Types of Surgical Errors
Certain errors are frequently seen in surgical malpractice cases. These include operating on the wrong body part, which might result in additional surgeries or continued health problems. Damaging nerves can lead to chronic pain or loss of function. Leaving surgical sponges or instruments inside the patient can cause infections or internal injuries. Administering the wrong drug can cause serious side effects or death. Sometimes a preventable error goes unnoticed during surgery and only becomes apparent later, such as a hole poked in an organ, which can cause infections.
Factors Contributing to Surgical Errors
Several factors can contribute to surgical errors. These include inadequate preparation, fatigue, and poor communication among surgical team members. Inexperience or lapses in hospital protocol can also lead to harmful outcomes. Comprehensive patient histories, proper sterilization of instruments, and clear communication of surgical plans are crucial for patient safety. When these processes are overlooked or misapplied, avoidable harm can occur.
Procedural Requirements for Surgical Malpractice Claims
The requirements for filing surgical malpractice claims vary by state. Some states require a written statement from another doctor in the same specialty, confirming that the standard of care was not met and that this directly caused the injury. Other states use pre-lawsuit review boards to evaluate the facts before allowing the case to proceed. These procedures aim to prevent frivolous lawsuits and ensure that only valid claims are heard. It is also important to remember that time limits exist for filing a claim. Adhering to a state’s specific rules is essential for individuals seeking legal recourse after a suspected surgical error.
