Surgery is often necessary to treat serious injuries and illnesses. While many procedures go as planned, surgical errors can and do happen. When a preventable mistake causes harm, it may be considered medical malpractice.
Understanding how surgical errors occur and when they may lead to a claim can help patients protect their rights in Atlanta, Georgia.
What Is Considered a Surgical Error?
A surgical error is a preventable mistake that happens before, during, or after surgery. Not every poor outcome is medical malpractice. Sometimes, complications happen even when a surgeon follows the proper standard of care.
Medical malpractice may occur when a doctor, nurse, or hospital fails to act as a reasonable medical professional would under the same or similar circumstances. If that failure causes harm to a patient, the provider may be held legally responsible.
Operating on the Wrong Site or Patient
One of the most serious surgical errors is operating on the wrong body part or even the wrong patient. These are often called “never events” because they should never occur with proper safety procedures in place.
Hospitals are expected to follow strict verification steps before surgery. Examples include marking the correct site and confirming the patient’s identity. When these safeguards are ignored or rushed, patients can suffer severe and unnecessary harm.
Anesthesia Errors
Anesthesia must be carefully measured and monitored. Too much anesthesia can lead to brain damage or death. Too little may cause a patient to wake up during surgery.
Anesthesia errors may happen if:
- The anesthesiologist fails to review the patient’s medical history.
- Vital signs are not properly monitored.
- Equipment malfunctions are not addressed.
- Incorrect dosages are administered.
These mistakes can cause long-term injuries, including heart problems and cognitive damage.
Leaving Surgical Instruments Inside the Body
Surgeons must account for all tools and materials used during a procedure. When a clamp or other instrument is left inside a patient, it can lead to internal damage.
Patients may need additional surgeries to remove the object. Some retained surgical items are not discovered until months or years later. This can cause prolonged pain and medical complications.
Nerve or Organ Damage
Some procedures carry a known risk of nerve or organ damage. However, when a surgeon acts carelessly or performs a procedure incorrectly, avoidable damage may occur.
For example, puncturing an organ mid-surgery could cause internal bleeding or life-threatening infections. Nerve damage may result in chronic pain, weakness, or permanent disability.
In these cases, a medical review may determine whether the surgeon failed to meet the accepted standard of care.
Post-Surgical Infections
Infections are a risk with any surgery, but many are preventable with proper sterilization and aftercare. Hospitals and surgical teams must follow strict hygiene and infection control protocols.
A post-surgical infection could be linked to malpractice if it was caused by:
- Unsterilized equipment
- Poor wound care
- Failure to prescribe necessary antibiotics
- Early discharge without proper instructions
Severe infections can lead to sepsis, organ failure, and other life-threatening conditions.
Failure to Monitor After Surgery
Patient care does not end when a surgery is complete. Proper monitoring during recovery is critical. Medical staff should watch for signs of complications. If a hospital fails to respond to warning signs in a timely manner, the patient’s condition may worsen. In some cases, delayed treatment can result in permanent harm or wrongful death.
When Does a Surgical Error Become Medical Malpractice?
To bring a medical malpractice claim in Georgia, a patient generally must show:
- A doctor-patient relationship existed.
- The medical provider breached the standard of care.
- The breach caused an injury.
- The patient suffered damages as a result.
Georgia also requires most malpractice complaints to include a medical expert’s affidavit. It’s important to consult an attorney who understands the complex legal issues involved.
Contact the Atlanta Medical Malpractice Lawyers at Malone Law Medical Malpractice and Severe Injury Lawyers for Help
Surgical errors can lead to physical pain, financial stress, and emotional trauma. When a preventable mistake causes serious harm, you deserve answers.
Our team understands how complex and challenging these cases can be. If you need legal help after a surgical error, call Malone Law Medical Malpractice and Severe Injury Lawyers. Contact our Atlanta medical malpractice lawyers to learn more.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346