Common Surgical Errors

What Are the Most Common Surgical Errors?

Surgical procedures, while often necessary and life-saving, are not without significant risk of severe harm.

Sometimes, those harms stem from preventable errors. 

From operating on the wrong body part to leaving instruments inside a patient, surgical mistakes can lead to serious pain and suffering or worse.

In fact, surgical errors may constitute negligence or a breach of the medical standard of care by the healthcare provider. 

If you believe you or a loved one has suffered from such a mistake, consulting with a Chicago surgical error attorney is your first step toward receiving compensation.

Our Surgical Error Malpractice Attorneys: Let Us Help You

If you think you have a legal claim based on a doctor’s surgical error and that case occurred in the Chicago area, look no further than Chicago Medical Malpractice Lawyers.

Our team of medical malpractice attorneys has extensive experience representing clients in cases involving errors or mistakes that occurred during a surgical procedure.

We have successfully helped patients sue doctors for surgical errors when they’ve suffered harm due to negligence, securing compensation for medical expenses, lost wages, and pain and suffering. 

We’ve handled cases that involved settlements of $1,000,000+ for surgical errors and similar instances of individuals suing doctors for not performing surgery properly or providing correct pre-op or post-operative care, resulting in unnecessary pain and suffering.  

 Some of the most common surgical errors include the following issues.

Anesthesia Errors

An anesthesia error is what happens when a patient receives the wrong type or dose of anesthesia, or when it’s administered improperly before, during, or after surgery.

It can also result in anesthesia awareness, or a patient being awake or conscious during a surgical procedure.

These mistakes can lead to serious complications like brain damage, organ failure, or even death.

Causes of anesthesia errors include poor communication, inadequate patient monitoring, or failure to review a patient’s medical history.

Retained Foreign Bodies in Operating Room

Retained foreign bodies refer to retained surgical instruments—such as sponges, clamps, or gauze—accidentally left inside a patient’s body after a procedure. 

These objects can cause severe infections, internal damage, or other complications, often requiring additional surgery to remove them. 

This type of human error is considered entirely preventable and typically results from lapses in surgical counts, miscommunication among the surgical team, or time pressure during emergency procedures. 

Despite strict protocols, these incidents still occur and if you or a loved one experience this error, you may have a reason for a legal claim.

Wrong Patient Errors (Wrong Procedure) Surgery

Wrong patient surgery occurs when a procedure is mistakenly performed on the wrong individual, often due to misidentification, paperwork errors, or communication breakdowns within the surgical team. 

This serious surgical error can result in unnecessary harm to one patient while delaying or denying critical treatment to the intended patient. 

Such mistakes of the correct surgical site are entirely preventable and violate basic patient safety standards in healthcare. 

Because of the significant physical, emotional, and legal consequences involved, wrong patient surgeries frequently lead to malpractice lawsuits.

Wrong Side Surgery on Patient’s Body

Wrong side surgery occurs when a procedure is performed on the incorrect side of a patient’s body—such as operating on the left knee instead of the right. 

This error typically results from failures in preoperative verification, poor communication, or inadequate marking of the surgical site. 

It can cause significant and unnecessary harm while leaving the original issue untreated, often requiring additional corrective surgeries.

Wrong Site Surgery

Like wrong side surgery, wrong site surgery is a serious medical error where a procedure is performed on the incorrect part of the patient’s body—such as the wrong limb, organ, or spinal level. 

This error often results from failures in preoperative planning, miscommunication among medical staff, or neglecting to properly mark and verify the surgical site.

The consequences of wrong site surgery can include unnecessary pain and suffering, additional surgeries, and prolonged recovery. 

Because both wrong site and wrong side surgical errors reflect a clear breach of accepted surgical protocols, wrong site surgery is a strong basis for medical malpractice lawsuits.

Unnecessary Surgery

In the context of surgical errors or mistakes as they relate to potential malpractice, an unnecessary surgery refers to a procedure that is performed without a valid medical reason, often when less invasive or no treatment would have been more appropriate.

An unnecessary surgery may be performed due to misdiagnosis, lack of thorough evaluation, or even financial motivations.

Patients may suffer physical, emotional, and financial harm from undergoing a surgery they didn’t truly need.

When it’s proven that the surgery was avoidable and caused harm, it can form the basis of a medical malpractice claim.

Infection

An infection may occur when proper sterile techniques aren’t followed before, during, or after a procedure.

This can include failures like using unclean instruments, poor hand hygiene, or not properly caring for the surgical site post-operation. 

While surgical site infections are a known risk when undergoing surgery, preventable infections caused by negligence may be considered medical malpractice.

If an infection leads to serious complications, extended recovery, or further procedures, and it’s shown that it could have been avoided with proper care, it can be grounds for a lawsuit.

Nerve Damage

Nerve damage, or when a nerve is accidentally cut, stretched, or compressed during a procedure, leads to symptoms like pain, numbness, weakness, or even permanent loss of function. 

While some nerve injury is a known risk of certain surgeries, it can become a malpractice issue if it’s caused by a preventable mistake—such as poor technique, lack of anatomical knowledge, or improper use of surgical instruments.

If the damage results in lasting harm and deviates from the accepted standard of care, you may have a strong malpractice claim.

Reasons Why Surgical Errors Occur

Surgical errors or mistakes happen for a variety of reasons, some of which prevent surgical errors.

In those cases, surgical patients may have reason to consider suing to recover damages or compensation for their pain and suffering.

Some common reasons that surgical errors happen include the following issues.

Drug or Alcohol Related Errors 

Drug or alcohol-related errors in surgery occur when a healthcare provider is impaired while performing or assisting in a procedure, leading to poor judgment, delayed reactions, or critical mistakes. 

These situations pose serious risk factors to patient safety and represent a clear violation of professional standards.

When harm results from such impairment, the affected patient or their family may have a legal claim.

Improper Monitoring

Improper monitoring during surgery occurs when a patient’s vital signs or condition aren’t adequately observed, leading to missed warning signs of complications like oxygen deprivation, bleeding, or heart irregularities. 

This lack of attention from healthcare professionals or the healthcare system can result in serious harm or even wrongful death, especially if timely intervention is delayed.

When monitoring failures stem from negligence, they can form the basis of a surgical malpractice claim.

Poor Communication

Poor communication and communication failures among surgical team members and health care systems can lead to critical mistakes and severe complications, such as operating on the wrong site, administering the wrong medication, or failing to follow essential steps.

These breakdowns often stem from unclear instructions, incomplete patient information, or lack of coordination, and can result in serious harm and potential malpractice claims.

Failure to Properly Review Patient’s History

Failure to properly review a patient’s medical history before surgery can lead to serious, preventable errors. 

Overlooking allergies, pre-existing conditions, or medication interactions may result in complications like adverse drug reactions, excessive bleeding, or anesthesia-related issues. 

When this oversight leads to significant harm, it can be considered negligence and may justify a surgical malpractice lawsuit.

Inadequate Post-Operative Care 

Inadequate post-operative care—such as failing to monitor for infection, manage pain, or recognize complications—can lead to serious patient harm or delayed recovery.

When this lack of proper follow-up results in preventable injury, it may constitute medical negligence and form the basis for a malpractice suit.

Frequently Asked Questions and Answers About Common Surgical Errors and Medical Malpractice

Can I File a Lawsuit for a Surgical Error?

Yes, you can file a lawsuit for a surgical error if you can prove that the mistake was the result of medical negligence and caused you harm.

This typically involves showing that the healthcare provider failed to meet the accepted standard of care during your treatment. 

Surgical error lawsuits often require expert medical testimony and thorough documentation of the injury and its impact.

Consulting a medical malpractice attorney who is experienced at handling cases in your jurisdiction is the best way to determine if you have an actionable claim and to guide you through the legal process.

Note that in Illinois and other states, there is a statute of limitations on malpractice claims and you typically have 2 to 4 years to sue a doctor after surgery.

Is a Surgical Error Considered Malpractice?

A surgical error is considered malpractice if it results from a healthcare provider’s negligence or failure to follow the accepted standard of care. Not all surgical complications qualify, but preventable mistakes that cause harm often do.

Find Out If You Can Sue A Doctor for a Common Surgical Error In Chicago, Illinois

Did you or a loved one suffer from one of these common surgical errors?

Do you think you have a lawsuit claim based on a doctor’s surgical error that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today for a free case evaluation.