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Five Surgical Errors That Can Lead to Medical Malpractice 

Oct 28, 2024 | Medical Malpractice

All surgeries carry certain risks. But, sometimes things can go wrong due to a doctor’s carelessness or negligence. When preventable surgical errors occur, they can result in serious injuries, various complications, or even fatality. If a physician or surgeon fails to act in accordance with the generally accepted standard of care, and causes the patient to suffer harm, the provider may be held liable for medical malpractice.

Here are five common surgical errors that can lead to medical malpractice: 

1. Wrong-Site Surgery

Wrong-site surgery occurs when a surgeon performs a procedure on the wrong body part. These scenarios commonly result from failure to adhere to proper protocols. A patient who has been a victim of this form of medical malpractice may experience severe physical harm, emotional trauma, unnecessary suffering, and the need for additional surgeries.  

Wrong site surgery can occur due to:

  • Miscommunication
  • Inaccurate documentation
  • Failure to verify the patient’s identity 
  • Not thoroughly reviewing a patient’s medical records
  • Inadequate preoperative verification

Human factors such as fatigue, stress, or distraction can also be a cause of wrong site surgeries — and lead to a lawsuit for medical malpractice.  

2. Leaving Surgical Instruments Inside the Patient

Another surgical error that can lead to medical malpractice occurs when instruments such as sponges, clamps, scalpels, scissors, needles, or other tools are left inside the patient’s body. Often, this type of malpractice is not discovered until weeks, months, or even years after the procedure has been performed. These mistakes can result in serious infections, internal bleeding due to punctured organs, and other life-threatening complications.   

3. Anesthesia Errors

Anesthesia is a crucial part of surgical procedures. Administering the incorrect amount of anesthesia or the wrong type of anesthesia can cause life-altering consequences and result in a medical malpractice lawsuit. Anesthesia mistakes are often made due to failure to communicate, improper patient assessment, unfamiliarity with the equipment, or carelessness. Tragically, these types of errors can lead to coma, organ damage, brain damage, or death.     

4. Performing Unnecessary Surgery

Unnecessary surgeries are any surgical interventions that are not needed, indicated, or in the patient’s best interests when weighed against other available options. Simply put, they are those that are performed with no medical necessity. Common types of unnecessary surgeries can include back or spine surgeries, knee and hip surgeries, gallbladder removal, and tonsillectomies. 

This form of medical malpractice can arise due to the following types of negligence:

  • Misdiagnosis
  • Diagnostic errors
  • Inadequate evaluate
  • Failure to properly follow-up
  • Poor communication or documentation
  • A doctor recommending the unneeded procedure because it is profitable  

A doctor who has performed an unnecessary surgery puts a patient at risk of serious harm or fatality. A patient who suffered harm due to an unnecessary surgery may be able to hold the doctor accountable in a medical malpractice action to recover their damages.         

5. Nerve Damage

Nerve damage during surgery can occur when a surgeon fails to detect a nerve during an operation and cuts into it or damages it. This can lead to chronic pain, loss of sight, loss of feeling, reduced mobility, and complete or partial paralysis. Critically, many cases of nerve damage in connection with surgery could have been avoided with careful attention during the procedure. A patient who has experienced nerve damage in connection with a surgical procedure may be entitled to hold the surgeon responsible for negligence. 

Contact an Experienced New York Medical Malpractice Attorney

If you were a victim of a surgical error due to a doctor’s negligence, it’s vital to have a medical malpractice attorney who can help ensure the provider answers for their wrongdoing. The Edelsteins, Faegenburg & Brown, LLP is a New York personal injury firm that has fought for the victims of medical malpractice since 1937. Handling every case with diligence, skill, and acumen, we have earned a well-deserved reputation among our clients and colleagues for securing substantial settlements and verdicts. Contact us to schedule a free consultation at (212) 425-1999 today.     

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