Surgery carries inherent risks, and every patient accepts a certain level of risk when they consent to a procedure. But there is a clear distinction between the known risks of surgery and errors caused by negligence. When a surgeon operates on the wrong body part, leaves a surgical instrument inside a patient, or makes a careless mistake that causes serious harm, that is not an acceptable risk. That is medical malpractice.

At Dr. Ted Injury Law, Lisa Chen brings a unique perspective to surgical error cases. As a former registered nurse who worked in the intensive care unit at UNC Medical Center, she has witnessed the aftermath of surgical errors firsthand and understands both the medical and human dimensions of these cases.

Common Types of Surgical Errors

Wrong-Site Surgery

Wrong-site surgery occurs when a surgeon operates on the wrong body part, the wrong side of the body, or even the wrong patient entirely. These errors are classified as never events because they should never happen if proper safety protocols are followed. Despite the implementation of surgical safety checklists and time-out procedures, wrong-site surgeries continue to occur at an alarming rate. Studies suggest that wrong-site surgery occurs approximately 40 times per week in the United States.

Retained Surgical Instruments

Surgical instruments, sponges, needles, and other items are sometimes left inside a patient's body after surgery. This can lead to serious complications including infection, internal bleeding, bowel obstruction, organ perforation, and chronic pain. Research suggests that retained surgical items occur in approximately 1 in every 5,500 surgeries, and certain types of surgery, particularly abdominal and pelvic procedures, carry a higher risk.

Nerve Damage

Surgeons must exercise extreme care to avoid damaging nerves during a procedure. Inadvertent nerve damage can result in chronic pain, numbness, weakness, or loss of function in the affected area. In some cases, the nerve damage is permanent and life-altering.

Anesthesia Errors

Errors in the administration of anesthesia can have catastrophic consequences, including brain damage, paralysis, and death. Common anesthesia errors include administering too much or too little anesthesia, failing to monitor the patient's vital signs during surgery, failing to properly intubate the patient, and failing to recognize and respond to adverse reactions.

Post-Operative Errors

Not all surgical errors occur in the operating room. Negligent post-operative care, including failure to monitor for complications, failure to recognize signs of infection, and improper wound care, can also constitute medical malpractice if it results in harm to the patient.

Proving a Surgical Error Case

Surgical error cases require extensive medical knowledge and meticulous preparation. The plaintiff must demonstrate that the surgeon or other medical professional deviated from the accepted standard of care and that this deviation caused the patient's injuries. This typically requires:

  • Expert testimony from a surgeon in the same specialty
  • Detailed review and analysis of all surgical records, operative notes, and anesthesia records
  • Review of pre-operative planning and imaging
  • Analysis of the surgical team's compliance with safety protocols
  • Documentation of the patient's injuries and their impact on the patient's life

Your Legal Rights

If you have been the victim of a surgical error, you may be entitled to compensation for additional medical treatment needed to correct the error, lost wages, pain and suffering, disability, and diminished quality of life. In North Carolina, you must file your claim within three years of the date of the injury, and your complaint must include an expert certification.

Contact Dr. Ted Injury Law at (800) 555-HURT for a free, confidential consultation about your surgical error case.