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Medical Malpractice—Surgical Errors

Surgical Mistakes—Your Right to Damages When a Surgical Team Goofs

It seems that regardless of the number of surgical errors that regularly occur—regardless of the procedures seemingly put in place to protect patients in surgery—doctors and nurses still get distracted, fail to pay attention and far too often make mistakes during surgery that cause unnecessary pain and suffering.

The Standard of Care in a Surgical Procedure

Under common law negligence principles in the United States, every person has a duty to act at all times as a reasonable person. This includes during the performance of a job. For a surgeon, the bar is even higher—a surgeon must abide by the standards of a person with similar training and experience working in the same type of surgical practice in the same geographic area. Accordingly, a doctor who performs surgery must typically exercise the care of a skilled surgeon.

In most medical malpractice cases, expert testimony is required to demonstrate the appropriate standard of care.

The Common Types of Surgical Negligence

There are a number of errors that can occur during surgery:

  • A surgeon may simply be careless in proximity to other bodily organs, nicking a spleen or other organ, for example
  • A surgeon may ignore patient vitals, such as blood pressure, causing injury
  • A surgeon may neglect to take proper precautions to sterilize and sanitize, leading to unnecessary infection
  • A surgeon may conduct the wrong type of surgery on a patient, or may operate on the wrong body part
  • A surgical tool or implement may be left in a body cavity

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.