Do You Have A Surgical Error Claim?

Learn About Surgical Error Claims Below

If you’ve experienced complications after surgery, you may have a valid surgical error claim.

Common issues include wrong-site surgery, retained surgical tools, or anesthesia mistakes—all of which can have serious, lasting consequences.

As Chicago surgical error lawyers, we help clients hold negligent surgeons and hospitals accountable. 

If you think you or a loved one have suffered due to a doctor’s error during surgery, you may have a valid claim and be entitled to damages. 

What is Considered a Surgical Error?

A surgical error is a preventable mistake that occurs during surgery and falls below the accepted standard of care. 

These errors can include operating on the wrong body part, performing the wrong procedure, leaving surgical instruments inside the patient, or making anesthesia-related mistakes. 

Poor communication, fatigue, inadequate planning, or negligence often contribute to surgical errors and related incidents.

Not all surgical complications are considered malpractice, but when an avoidable error causes harm, it may be grounds for a legal claim. 

Surgical errors can lead to serious health issues, additional surgeries, or long-term disability, making compensation for one’s pain and suffering a priority and one way to make the injured party whole. 

What Factors Contribute to a Surgical Error?

A valid malpractice claim typically involves clear evidence of negligence or failure to meet the standard of care. 

Common elements involved in surgical errors or mistakes include (but are not limited to):

• Poor communication among surgical team members.
• Inadequate preoperative planning or failure to review patient history.
• Fatigue, impairment, or inattention during the procedure.
• Lack of proper training or supervision for members of the surgery team or associated staff.
• Failure to obtain informed consent from the patient.
• Deviation from standard surgical protocols.
• Errors in anesthesia administration or post-operative care.
  

When these factors result in harm, additional treatment, or long-term complications, they may form the basis of a medical malpractice claim. 

What are Some Common Types of Surgical Negligence that Lead to Malpractice Claims?

Surgical errors that result in malpractice claims are often serious, preventable mistakes that cause harm to the patient. Common examples include:

• Wrong-site surgery, or operating on the wrong body part or wrong patient.
• Leaving sponges, tools, or other items inside the body—referred to as retained surgical instruments. 
• Anesthesia errors like incorrect dosage, delayed administration, or failure to monitor the patient.
• Nerve or organ damage, such as accidental injury to surrounding tissues or organs during surgery.
  Infections due to poor sterilization, particularly preventable infections from improper surgical techniques.
• Unnecessary surgery or performing a procedure that was not medically justified.
• Failure to recognize or respond to complications. 
• Delays in treating bleeding, reactions, or other emergencies.
  

These types of mistakes can lead to severe consequences and often form the basis for a strong medical malpractice claim. 

How Do You Know if Your Doctor Made a Surgical Error?

It’s not always immediately clear if a surgical error occurred, but there are signs that may indicate something went wrong. 

You might notice unexpected pain, surprising complications, or the need for additional surgeries that weren’t originally planned. 

A different doctor or second opinion may point out that your initial procedure was done incorrectly or that avoidable damage occurred.

Other red flags include inconsistent explanations from your surgeon or delays in sharing or managing post-surgical issues. 

Medical records and expert reviews are often necessary to confirm whether a surgical error claim is valid, so consulting with a medical malpractice attorney is a key step toward understanding your rights and the potential for a malpractice lawsuit.

Our Chicago Lawyers Can Help With Your Surgical Error Claim

If you think you have a legal claim based on a doctor’s surgical error and that procedure occurred in the Chicago area, we’re here to help during this challenging time.

Our team of attorneys at Chicago Medical Malpractice Lawyers specialize in medical malpractice with extensive experience representing clients in cases involving failure to diagnose cancer and related conditions. 

We have successfully helped patients sue doctors for failure to diagnose cancer when they’ve suffered harm due to negligence, securing compensation for medical expenses, lost wages, and pain & suffering. 

We’ve handled cases that involved settlements of $1,00,0000+ for surgical error negligence and other medical malpractice claims.

What do Surgical Error Claims Involve?

Surgical error claims typically follow a structured legal process to prove that a preventable mistake caused harm. Here’s what the process usually includes:

1. Medical Record Review and Documentation. Collecting and analyzing surgical records, pre-op evaluations, and post-op notes to identify any deviations from the standard of care or a breach of duty of care.
2. Consultation with Medical Experts. Working with specialists to determine whether the surgeon’s actions fell below accepted medical standards.
   Establishing Negligence. Proving that the error was not just a known risk of surgery, but a preventable mistake caused by negligence.
3. Linking the Error to Harm. Demonstrating that the mistake directly resulted in injury, additional treatment, or long-term complications.
4. Filing the Claim. Preparing legal documents and submitting the claim within the statute of limitations for your state.
5. Discovery phase. Both sides exchange evidence and depositions of the surgeon, medical staff, and expert witnesses are taken. Expert testimony is often involved and can be central to proving deviation from the standard of care.
6. Settlement or Trial. Many surgical error claims are resolved out of court with a settlement. However, if no settlement is reached, the malpractice case goes to trial and a judge or jury may award damages for medical expenses, lost income, pain and suffering, and any lasting impact on your health.

Of course, the first step is having an experienced medical malpractice attorney on your side to ensure each step is handled thoroughly and effectively.

What is the Difference Between a Surgical Error and a Normal Risk?

Understanding the difference between a surgical error and a normal risk is key in determining whether a medical malpractice claim is valid.

A surgical error occurs when the surgeon or medical team fails to follow established standards of care, leading to preventable harm.

This could include mistakes like operating on the wrong site, leaving surgical instruments inside the body, or damaging healthy tissue or organs.

These errors are not typical risks of surgery and are often the result of negligence or oversight.

On the contrary, a normal risk is an inherent part of any surgery, one that the patient is usually informed about before the procedure.

These risks are unavoidable, even when the surgery is performed properly, and might include complications like infection, blood clots, or anesthesia reactions.

While these risks are real, they do not indicate negligence if they occur as expected in the course of the procedure.

Overall, the key difference lies in whether the complication was avoidable and the result of substandard care or simply part of the inherent risks of the surgery.

If a complication is due to negligence or surgical error, it could form the basis of a malpractice claim.

Common Questions and Answers about Surgical Error Claims 

1. Can you sue if your surgeon makes an error or if your doctor makes a mistake?

Yes, you can sue if your surgeon makes an error that leads to harm or injury due to negligence or failure to meet the standard of care.

2. If I die during surgery, can my family make a surgical error claim?

Yes, if you pass away during surgery due to a surgical error caused by negligence, your family may be able to file a wrongful death claim. The claim would need to prove that the surgeon’s actions or lack of proper care directly led to the fatality. A medical malpractice attorney can help your family determine if there is a valid claim based on the circumstances of the case.

3. When can you bring a negligence claim for a surgical error?

You can bring a negligence claim for a surgical error when it can be proven that the surgeon or medical team failed to meet the accepted standard of care, leading to harm. The error must have directly caused injury or complications that were not a typical risk of the procedure. 

In most cases, you must file the claim within a specific time frame, known as the statute of limitations, which varies by state. Consulting with a medical malpractice attorney can help you determine the viability of your case and ensure it’s filed on time.

4. What is the statute of limitations on a surgical error claim in Illinois?

In Illinois, you generally have two years from the date you discover, or reasonably should have discovered, that a surgical error has occurred to file a medical malpractice lawsuit. However, there is an absolute limit of 4 years from the date of the alleged malpractice, known as the statute of repose, beyond which you cannot file a claim, regardless of when the injury was discovered.

Exceptions to these time limits exist, such as for minors, who have until their 22nd birthday to file a claim, and in cases where fraudulent concealment of the malpractice extends the filing period.

5. Who is legally responsible for surgical errors?

The surgeon is primarily responsible for surgical errors, but liability can also extend to other medical staff, such as anesthesiologists, nurses, and hospital administrators, depending on the circumstances. 

If a surgical error is caused by negligence or substandard care, the responsible parties—whether individuals or the healthcare facility—can be held accountable in a malpractice claim. In some cases, a surgeon’s hospital or medical practice may share responsibility if systemic issues contributed to the error.

6. When can I claim compensation for a surgical error?

If you are a victim of a surgical error(s), you may be entitled to damages or compensation for medical expenses, including costs for additional surgeries or treatments needed to address the harm caused. 

Additionally, you may receive compensation for pain and suffering, lost wages, emotional distress, and long-term disability or reduced quality of life. The amount of compensation depends on the severity of the error and the impact it has had on your life.

7. What types of surgical errors could be medical negligence?

Surgical errors that could constitute medical negligence include operating on the wrong body part or performing the wrong procedure, leaving surgical instruments or sponges inside the patient, and causing unnecessary damage to organs or tissues. 

Other errors that may lead to malpractice claims against a surgeon include anesthesia errors, such as administering the wrong dosage, or failing to properly monitor a patient during or after surgery. 

Negligence may also occur if a surgeon fails to communicate effectively with the medical team or with the patient, leading to preventable mistakes. 

Find Out If You Have A Surgical Error Claim In Chicago, Illinois

Do you think you have a malpractice lawsuit based on a doctor’s surgical error that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today.