Surgical Error

If you or a loved one suffered a Surgical Error, our medical malpractice lawyers can help you win your case.

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What are Surgical Errors

Surgical errors are mistakes that occur during a surgery or procedure. These errors vary by type and severity, however, any surgical error could potentially cause you serious harm. They are nearly always preventable. While there are never guarantees with a particular procedure, you should be able to rest easy and trust the expertise of a surgeon.

Even "minor" surgeries may lead to devastating injuries if a doctor is negligent. These procedures are often invasive and can cause significant damage when they are performed incorrectly. Any member of the medical staff may be negligent — not just the surgeon. Surgical errors occur when any medical staff member fails to follow their duty to reasonable care.

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Common Types of Surgical Errors

Throughout the Baltimore and Washington, D.C. areas, patients are dealing with errors committed by negligent surgeons. Mistakes in the operating room or during preparatory procedures can lead to major errors that cause significant damage. Common examples may include, but are not limited to:

  • Errors administering anesthesia
  • Wrong-site surgeries
  • Leaving objects in a patient's body
  • Using unclean instruments or performing the surgery in an unsterile environment
  • Failing to monitor the patient's status during surgery
  • Failing to monitor the patient on post-operation care

These and many other types of mistakes can cause you — as the patient — severe injuries. You may also end up dealing with high financial costs, pain, and disruptions for the rest of your life.

If you were injured due to a botched procedure or surgical mistakes, a surgical error attorney can help get the compensation you deserve.

Proving Medical Malpractice in Surgical Error Lawsuits

Surgical errors are a type of medical malpractice claim. To successfully win a surgical error lawsuit, you and your attorney must prove that medical mistakes did indeed occur during your procedure. Medical malpractice lawsuits pursue negligent medical professionals for their mistakes. It takes specific evidence of how a surgical mistake occurred to prove the doctor was negligent. 

Medical malpractice lawsuits utilize a reasonable standard of care to measure a doctor's conduct. This is determined by factoring in the:

  • Skill or specialization of the surgeon
  • Conditions under which the surgery took place — whether it was a pre-planned procedure, for example, or an emergency
  • Type of operation or procedure
  • Acts of a reasonable surgeon under similar circumstances

Surgical error cases deserve quality representation by a knowledgeable lawyer. You can pursue your claim with confidence by speaking to one of our Maryland surgical error lawyers or one of our attorneys based in Washington, D.C.

Reasons for Surgical Mistakes

Thousands of people are hurt or killed by surgical mistakes each year. These negligent errors typically occur as a result of the doctor's inattention or carelessness in the operating room. Here are some specific reasons why surgical errors happen.

Failure to Follow Protocol:

There are many protocols in place to prevent surgical errors. These include certain checklists, surgery site markings, and other important details that must be followed. When a surgeon or healthcare practitioner fails to follow these protocols, devastating injuries can occur as a result. Staff may fail to sanitize instruments, for example, or use malfunctioning equipment because they failed to check it ahead of time. These protocol failures often constitute negligent behavior.

Fatigue and Overworked Staff

Many surgeons are tired and overworked. They may have performed multiple surgeries that day, for instance, and not had enough time to sleep. Surgery is complex and dangerous. A surgeon needs to be awake, alert, and fully prepared for the task. If the surgeon is tired, this makes it all too easy to make a serious error. The quality of care is damaged when staff is overworked and "burned out" on the job.

Poor Communication

Illegible handwriting, insufficient explanations, or even mishearing directions can lead to surgical errors. Medical staff and the surgeon must understand how to communicate effectively to avoid mistakes. Many hospitals create protocols to enhance communication. Some do not or employees fail to follow these protocols. Poor communication could be the reason you suffered medical malpractice.

Inexperienced Surgeon

A surgeon may not be prepared to handle your particular procedure. Doctors are expected to be competent in the surgeries they perform. If they have inadequate skills for the task, you may suffer debilitating injuries as a result of their incompetence. This is often the fault of both the surgeon and the hospital administration.

Drugs or Alcohol

Some doctors struggle with alcoholism or drug addiction issues. They may use substances to cope with the stress of their job or even use medications to try to stay awake. Doctors under the influence while performing surgery may commit severe mistakes that lead to lasting damage.

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Compensation for Surgical Errors

A medical malpractice case seeks compensation for surgical errors that hurt you physically, financially, and emotionally. This compensation may help you get back on your feet following an injury. It includes, but is not limited to:

  • Past and future medical costs
  • Loss of income
  • Lost earning capacity
  • Costs of rehabilitation services
  • Pain and suffering
  • Loss of companionship and support
  • Wrongful death compensation

Proper evidence of the doctor's negligence may win you compensation. A substantial jury award or settlement can help repair the harms you suffered due to surgical errors


Consult a Surgical Error Lawyer in Baltimore and Washington, D.C.

If you think you have a surgical errors claim, you should speak with a qualified medical malpractice attorney right away. Our attorneys have proven track records of success and can see your case all the way through. We can help you figure out what happened and whether you have a potentially successful claim.

A skilled Maryland surgical error lawyer or one based in Washington, D.C., is here to help you seek compensation for your injuries.

Contact Us

If you or a loved one has been injured by someone else’s negligence, contact us immediately.

Baltimore Office

200 E Pratt Street, Suite 4100
Baltimore, MD 21202

Local: 410-324-2000

Fax: 443-782-0700

Annapolis Office

888 Bestgate Road, Suite 205
Annapolis, MD 21401

Local: 410-324-2000

Fax: 443-782-0700

Washington, D.C. Office

1200 G Street NW, 8th Floor
Washington, D.C. 20005

Local: 202-780-9000

Fax: 443-782-0700