Who Is Responsible for Surgical Errors?

Surgery is a big event and can be unnerving for many people. No matter how “minor” the surgery is, there’s always a risk of complications. If a surgical error occurs, you may wonder who’s responsible and what can be done. 

Who’s Responsible?

First of all, know that as a patient, you aren’t the guilty party when a surgical error occurs. However, the responsible medical personnel can vary from one surgery to the next. Depending on what type of surgical error occurred will depend on who from the medical staff is to blame. 

Common Types of Surgical Errors

Surgical errors can occur due to mistakes from the anesthesiologist, surgeon, nurse, or other medical staff. These are the most common types of surgical errors, which can help determine who’s at fault:

• Giving too much or too little medication, such as anesthesia
• Performing surgery in the wrong area of the body
• Injuring a nerve, blood vessel, or organ during surgery
• Leaving a piece of surgical equipment inside a patient
• Operating on the wrong patient

What Causes Surgical Errors

Every surgical error likely has a unique set of circumstances that caused it. Here’s a list of some of the most common causes for these errors:

• Incompetence
• Insufficient preoperative planning
• Improper work process
• Poor communication
• Fatigue
• Drugs or alcohol intoxication
• Neglect

Common Injuries Suffered from Surgical Errors

Some surgical errors are very minor and don’t cause any harm or lasting effects on the patient. However, some can cause more severe consequences that can lead to loss of wages, hefty medical bills, and life-altering changes. 

Common injuries seen in surgical errors include:

• Internal bleeding
• Organ damage
• Nerve damage
• Scarring
• Amputation
• Disfigurement
• Temporary or permanent disability

When Is a Surgical Error Considered Medical Malpractice?

The fact that a surgical error occurred doesn’t automatically mean you’re the victim of medical malpractice. If there was an error during your operation, but you weren’t injured, and there weren’t any complications from it, then it isn’t considered malpractice. 

However, suppose the medical staff operated below the expected standard of care, and you were injured due to their error. In that case, it’s worth considering if you are the victim of medical malpractice. 

Get Legal Help with Grewer Law

If you’re the victim of a surgical error and believe it may have occurred due to medical malpractice, contact Grewer Law for assistance. Our medically informed legal team is here to help you build your case and get the compensation you deserve.