Fiedler Deutsch LLP headshot

What Is Considered Surgical Malpractice?

Surgical malpractice refers to instances where a surgeon, surgical team, or healthcare facility fails to meet the standard of care during a surgical procedure, resulting in harm to the patient. Surgical errors can lead to severe complications, long-term health problems, or even death. If you or a loved one has been affected by a surgical error, consulting with a New York surgical error lawyer can be a crucial step toward seeking justice and securing compensation for your injuries.

Types of Surgical Malpractice

There are several common types of surgical malpractice, each of which can have serious consequences for patients.

Wrong-Site Surgery

In rare but severe cases, a surgeon may operate on the wrong body part or even the wrong patient. This type of error often results from a failure in pre-surgical protocols, poor communication, or inadequate verification processes. Wrong-site surgeries can lead to unnecessary removal of organs, incorrect amputations, and other irreparable damage.

Unintended Damage to Organs or Tissues

Surgeons sometimes accidentally damage surrounding organs, blood vessels, or nerves during a procedure. For example, a surgeon performing a gallbladder removal might inadvertently damage the bile duct, leading to serious complications that require additional surgeries or long-term medical care.

Leaving Foreign Objects in the Body

Surgical tools, sponges, and other materials must be carefully accounted for before the surgery concludes. If a surgical item is left inside a patient’s body, it can lead to infections, chronic pain, and other complications that may go unnoticed for weeks or even months. Surgical teams are required to follow strict protocols to ensure all items are removed before the incision is closed.

Anesthesia Errors

Anesthesia is a critical component of surgery, and errors in its administration can lead to serious consequences. Anesthesia errors may involve administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or not recognizing adverse reactions. Patients may suffer complications such as brain damage, cardiac arrest, or even death due to anesthesia-related malpractice.

Inadequate Postoperative Care

Proper postoperative care is essential to recovery. If healthcare providers fail to monitor the patient closely, manage pain effectively, or address signs of complications, the patient may experience infections, blood clots, or delayed healing. Neglect in postoperative care can lead to extended hospital stays, additional surgeries, and even life-threatening conditions.

Consequences of Surgical Malpractice

The consequences of surgical malpractice can be life-altering for patients and their families. Injuries from surgical errors may require corrective surgeries, additional medical treatment, and lengthy recovery periods. In severe cases, malpractice can cause permanent disabilities, chronic pain, and a diminished quality of life. For families, the emotional toll is compounded by financial burdens related to medical bills, lost income, and ongoing care needs.

How an Attorney Can Help in Surgical Malpractice Cases

If you are a victim of surgical malpractice, an experienced White Plains medical malpractice attorney or Westchester County malpractice lawyer can help you pursue justice and secure compensation. An attorney will start by reviewing your case, examining medical records, and consulting with experts to determine whether your surgeon or healthcare provider deviated from the standard of care. They will then gather evidence to prove that negligence caused your injury, which is essential to build a strong legal case. An attorney can handle all negotiations with insurance companies to ensure you receive fair compensation. If a settlement cannot be reached, they can represent you in court. A skilled lawyer will guide you through the legal process from beginning to end, providing support and resources so that you can focus on your recovery.