What to Know About Surgery Malpractice Cases

Regardless of the type of surgical error, a patient does not have grounds for a malpractice case unless they can prove that their doctor or surgeon violated a commonly accepted standard of care. This involves being able to prove that another competent medical professional would not have made the same mistake under similar circumstances.

There are three common circumstances under which surgical malpractice occurs:

• Preoperative care - Most of us think of surgical mistakes as happening on the operating table, but dangerous errors can occur even before an incision is made. Physicians are responsible for proper consultation before a scheduled surgery, including making sure a patient’s medical history is up to date, determining the risks of the procedure, and educating the patient about risks and available alternatives to surgery. An anesthesiologist is also an important part of pre-op care and should visit with a patient before surgery to assess how much anesthesia will be necessary. Failure in any of these areas—either from doctor or anesthesiologist—may result in surgical malpractice.
• Surgery - The majority of surgeons are extensively trained and experienced, and they complete their procedures with the utmost skill and professionalism. This is important because all surgeries carry inherent risks, which means the potential dangers to a patient are at their highest during the procedure. However, surgical errors far surpass the known risks of surgery. These errors are unexpected and completely preventable mistakes—whether due to neglect, fatigue, carelessness or poor communication—such as injuring a nerve, performing an incision at the wrong location or even leaving a surgical tool inside a patient’s body.
• Postoperative care - Just because the surgery is over doesn’t mean the risks are too. Post-op care is administered after the procedure to ensure a patient experiences a safe recovery and remains free of infection. Patients need to be kept under close observation and should not be discharged until doctors feel it’s safe to do so. Surgeons must also conduct periodic follow-up care to make sure the surgery worked as intended and help the patient stay healthy. Any deviation from these important steps may qualify as surgical malpractice.