Most patients have great faith that surgery will help heal them. Unfortunately, surgical errors and negligence do occur, causing further illness, injury, and death. At Rapoport Weisberg & Sims P.C., our attorneys represent individuals who have experienced surgical errors. We have obtained numerous multi-million dollar verdicts and settlements for clients who were hurt and for the families of people who died as a result of surgical errors.
Our firm has the resources needed to investigate cases and determine the point at which the surgeon or surgical team deviated from the approved standard of care. We consult with medical and surgical experts, interview members of surgical teams, and review all pertinent records of the personnel and institutions involved. Call us at 312-445-9160.
Injuries that Can Occur Because of Surgical Errors
Surgical errors can cause serious injuries, including:
- Punctured organs
- Internal injuries
- Heart attack
- Infection
- Sepsis
- Nerve damage
- Brain injuries
- Hemorrhage
- Spinal cord injuries
- Fractures
- Death
If you or a loved one was injured because of a surgical error, contact our compassionate legal team today to learn more about your right to seek compensation through a medical malpractice claim.
Statistics on Surgical Errors
Some surgical errors are called “never events” because they should never happen. However, the National Institute of Health published a study that describes medical errors as a serious public health concern and a leading cause of death in the United States. According to this research, approximately 400,000 hospitalized patients are harmed by preventable errors each year.
Surgical errors make up a significant portion of these errors. Over 4,000 surgical errors occur in the United States every day. Surgery on the wrong body part occurs twenty times every week in the United States.
What Is Considered A Surgical Error?
Surgical negligence can involve:
- Operating on the wrong body part – This so-called wrong site mistake happens when a doctor performs surgery on the right patient but on the wrong body part.
- Improperly cutting an organ or blood vessel – When a surgeon is not careful, they can cut an organ or blood vessel. These injuries are more common with robotic-assisted surgeries.
- Anesthesia errors – Anesthesia is essential to reduce pain and keep a patient unconscious when necessary. Anesthesia mistakes such as giving the patient too much, not enough, or the wrong medicine can result in serious injuries and death.
- Leaving instruments and equipment in the patient – Surgeons or staff who close up a patient may leave a foreign object in the patient, such as a scalpel or sponge. This can lead to the need for additional surgery, infections or other complications.
- Causing and failing to appropriately treat post-operative complications – Healthcare providers who do not provide appropriate monitoring and treatment for post-operative complications such as blood clots or infection can expose the patient to substantial harm including death.
- Failing to timely and adequately respond to a deteriorating situation – Healthcare providers must constantly monitor patients and quickly step in if the patient’s condition worsens or complications arise.
Our attorneys have helped clients affected by negligent acts such as these obtain compensation and damages for their medical expenses, loss of earnings, pain and suffering, disability, disfigurement, or wrongful death of a loved one. If a patient dies as a consequence of a negligent surgical error, our lawyers will help you file a wrongful death lawsuit.
What Are the Most Common Causes of Surgical Errors
Surgical mistakes can occur for many reasons, including the following:
Communication Breakdowns
A lack of communication between the surgeon and other medical staff is a leading cause of wrong site and wrong patient surgical mistakes. Surgery is a collaborative effort, so it’s essential that members of the surgical team communicate to prevent these and other mistakes from occurring.
Errors in Judgment
Some surgical mistakes occur because the surgeon or another healthcare provider makes an error in judgment, resulting in injury to the patient.
Lack of Experience
Surgeons are often competitive and looking to work on new surgeries before their peers. However, if a surgeon has never performed a surgery before on someone in your situation, they probably shouldn’t be performing the surgery on you. Some hospitals are training hospitals, but these hospitals must ensure that supervising surgeons properly supervise those under their watch. Surgeons can work under more experienced surgeons before trying to perform the surgery on their own.
Improper Technique
Surgeons may use improper technique during surgery resulting in them causing an unintended injury.
Lack of Planning Before Operations
Another potential cause of surgical errors is a lack of proper planning before operations. Preoperative systems should be in place, including checklists, to ensure that all of the necessary steps have been taken to minimize mistakes or complications as much as possible.
What Is a Surgical Error Lawsuit?
Patients who are injured because of a surgeon’s mistake may be able to file a surgical error lawsuit if their surgeon’s mistake harmed them. With this type of claim, you must be able to show the following:
- The healthcare provider had a doctor/patient relationship with you.
- The healthcare provider breached the applicable standard of care when committing the surgical mistake.
- The breach of the standard of care caused you harm.
- The harm you suffered is of a type that a court can compensate you for, such as additional medical expenses, lost wages, pain and suffering or wrongful death.
Surgical mistakes are avoidable. If you are injured because of a surgeon’s mistakes, contact our law firm today to take advantage of a free case review.
What Damages Can I Be Compensated for in a Surgical Error Case?
If you were injured because of a surgeon’s mistakes, you should not have to shoulder the financial burden caused by their negligence. You may be able to recover compensation for the damages you incurred because of the surgical mistake, such as:
- Medical expenses, including hospital stays, doctor visits, MRI tests, radiological costs, and medications
- Medical expenses you are reasonably expected to incur in the future
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Disability
- Loss of normal life
- Disfigurement
- Emotional distress
- Anxiety, depression, and other psychological conditions caused by the error
If you lost a loved one because of a surgical mistake, you might be able to pursue a wrongful death claim to seek compensation for the loss of their love and companionship, your grief, sorrow and mental anguish, as well as funeral and burial expenses, lost financial support, and other damages.
You can learn more about the potential damages you could recover during your free case review with one of our Chicago surgical error lawyers.
What Is the Standard of Care for Surgery?
To win a medical malpractice case in Illinois, you must prove that the healthcare provider’s quality of care fell below the applicable standard. In a surgical error case, you would need to show what another reasonably prudent surgeon would have done under similar circumstances and that your surgeon deviated from this standard. Because these issues are often complex, it is necessary to hire expert witnesses to prove your case.
What Is the Time Limit to File a Surgical Error Case?
In Illinois, medical malpractice victims are subject to the statute of limitations, which sets a maximum time limit to file a lawsuit against the negligent healthcare provider. The statute of limitations is generally two years, which begins when the patient knew or should have known the malpractice occurred, or two years after a patient’s death in a wrongful death claim.
If the patient was a minor at the time the malpractice occurred, the statute of limitations extends to eight years after the malpractice occurs, but in any event, they must file the claim before their 22nd birthday.
Exceptions to the statute of limitations may apply, and so we recommend that you not delay seeking legal assistance following any potential malpractice affecting you or a loved one so you can preserve your legal rights.
Get Legal Help Immediately
If you or a loved one has been injured or died as a result of surgical negligence, email us for a free consultation with our lawyers. We are located in Chicago and help families throughout Illinois.
Related: Blood Clot After Surgery
