Common Types of Surgical Errors and What to Do if You’re a Victim
A New Mexico attorney can fight to hold negligent parties accountable
Surgery, whether elective or emergency, is performed frequently for a wide range of reasons. While all surgeries carry some degree of risk, patients have the right to expect their surgical team to follow a professional standard of care. When that standard is breached, resulting in harm, the patient may be the victim of a surgical error – a preventable mistake that can lead to significant injury, disability, or death.
Surgical errors are among the most serious forms of medical malpractice. They may occur due to negligence, poor planning, miscommunication, or inattention. Not all poor outcomes qualify as malpractice – but when a surgical mistake stems from a deviation from accepted medical standards, the law offers victims a path to justice.
If you or a loved one have been harmed by a surgical error, you can speak to a highly-qualified medical malpractice attorney at no cost to you. Just contact Szantho Law Firm in Albuquerque or Santa Fe.
What is a surgical error?
A surgical error is a preventable mistake made during surgery that results in patient harm. These mistakes are not inherent complications or risks of the procedure. They are usually the result of negligence, poor communication, technical failure, or deviation from accepted medical practices.
For example, if a patient develops an infection after surgery despite all sanitary protocols being followed, that might not be malpractice. But if the infection is caused by a sponge left inside the body or an unsterilized instrument, the situation likely qualifies as a surgical error – and may result in a legal claim.
What are the most common types of surgical errors?
While no two cases are exactly alike, certain types of surgical errors appear more frequently in malpractice lawsuits.
1. Wrong-site, wrong-procedure, or wrong-patient surgery
Known as “never events” because they should never occur, these involve surgeons operating on the wrong body part, performing the wrong procedure, or operating on the wrong patient entirely. These errors often result from:
- Failure to verify patient identity
- Mislabeling of records or test results
- Skipping or rushing pre-surgery checklists
2. Retained surgical instruments
Leaving surgical tools, sponges, or gauze inside a patient after closing an incision is a shockingly common error. Retained objects can cause infection, organ damage, internal bleeding, and additional surgeries.
3. Anesthesia errors
Administering anesthesia is a high-risk process. Common anesthesia-related errors include:
- Administering the wrong dosage
- Failing to monitor the patient’s vital signs
- Ignoring allergies or contraindications
- Delayed response to complications
These mistakes can lead to brain damage, cardiac arrest, or death.
4. Unnecessary surgery
This occurs when a patient undergoes a procedure that was not medically justified. Sometimes, unnecessary surgeries result from misdiagnosis, poor judgment, or, in rare cases, fraudulent intent.
5. Nerve or organ damage
Surgical instruments must be used with precision. If a surgeon accidentally cuts a nerve or punctures an internal organ, the patient may suffer permanent disability, chronic pain, or organ failure.
6. Postoperative infections due to negligence
Not all infections are avoidable, but some result from improper sterilization of tools, contaminated surgical environments, or a failure to follow standard hygiene protocols.
How do surgical errors occur?
Understanding how surgical errors occur is crucial for identifying liability. These mistakes usually arise from one or more of the following causes:
1. Poor communication
Miscommunication between doctors, nurses, anesthesiologists, and surgical assistants can result in catastrophic outcomes. For example, a nurse might misread the schedule, or a surgeon might misunderstand a diagnostic report.
2. Inadequate preoperative planning
Every surgery should begin with a detailed review of the patient’s medical history, allergies, diagnostic imaging, and any potential complications. Lack of preparation increases the likelihood of preventable errors.
3. Fatigue or burnout
Surgeons often work long hours under high pressure. Fatigue impairs concentration and decision-making, making mistakes more likely – especially in emergency situations or during lengthy procedures.
4. Lack of training or experience
Medical personnel who are insufficiently trained or inexperienced may not recognize problems during surgery or may mishandle equipment and procedures.
5. Failure to follow protocols
Hospitals have strict protocols designed to prevent errors – such as time-outs before surgery to verify the patient, procedure, and site. Skipping or rushing these steps often leads to errors.
Can I file a lawsuit after a surgical error?
When a surgical error occurs due to negligence, the patient may have grounds for a medical malpractice lawsuit. But not all surgical complications qualify as malpractice. To succeed in a legal claim, your medical malpractice lawyer must prove the following elements:
1. Duty of care
The surgeon or healthcare provider had a legal obligation to provide competent care, established by a doctor-patient relationship.
2. Breach of standard of care
The provider failed to act as a reasonably competent medical professional would under similar circumstances. This is usually proven with expert testimony.
3. Causation
The error directly caused harm to the patient. For example, if a retained sponge led to a serious infection, the link must be clear and documented.
4. Damages
The patient suffered measurable harm – physical, emotional, or financial. Damages may include medical bills, lost wages, pain and suffering, and more.
Is there a time limit on filing a legal claim?
Yes. Each state has its own time limit (legally referred to as a “statute of limitations”) for filing a medical malpractice claim. In New Mexico, you have three years from the date that malpractice occurred to file a legal claim. But there are several factors that can affect that timeline. An experienced attorney can give you more information.
What to do if you’re a victim of a surgical error
If you suspect you’ve been harmed by a surgical mistake, it’s important to take swift and informed action. Here’s what you should do:
1. Seek immediate medical attention.
Corrective care is the top priority. If you’re experiencing pain, infection, unexpected complications, or delayed healing, consult a medical professional – preferably one not affiliated with the original surgical team.
2. Request your medical records.
Obtain a complete copy of your records, including:
- Surgical notes
- Anesthesia records
- Consent forms
- Postoperative reports
- Diagnostic imaging
These records will be essential in assessing whether malpractice occurred and building a legal case.
3. Document everything.
Keep a detailed record of:
- Your symptoms and recovery process
- All follow-up appointments
- Any missed work or lost income
- Out-of-pocket expenses
- Emotional and physical impacts
This documentation can help quantify damages in a legal claim.
4. Consult a medical malpractice attorney.
Medical malpractice cases are complex and require specialized legal knowledge. An experienced attorney can:
- Review your case and assess its viability
- Consult medical experts
- Gather evidence and prepare legal filings
- Negotiate with insurance companies or hospital attorneys
- Take the case to court if needed
Like most malpractice attorneys, Szantho Law Firm offers free consultations and we work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if we recover compensation for you.
What kind of compensation could I possibly be entitled to?
Victims of surgical malpractice may be entitled to various types of compensation, depending on the severity of the harm. This may include:
- Medical expenses (past and future)
- Lost wages or diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in cases of gross negligence or intentional misconduct)
If a patient dies due to a surgical error, surviving family members may file a wrongful death lawsuit for funeral costs, lost companionship, and financial losses.
Szantho Law Firm in New Mexico can help you recover compensation
Surgical errors are devastating – physically, emotionally, and financially. What makes them particularly tragic is that many are preventable. While every surgery carries inherent risks, no patient should suffer harm because of a preventable mistake or a professional’s negligence.
If you believe you or a loved one has been the victim of a surgical error, don’t hesitate to contact us to speak with a medical malpractice lawyer. A qualified attorney can help you understand your rights, assess your options, and pursue the compensation and accountability you deserve.
You’ve already endured enough. We can work to bring you justice.
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