Key Takeaways
- A surgical error is a preventable, unexpected mistake during surgery that goes beyond the known risks a patient should be informed of.
- The National Practitioner Data Bank reports nearly $4 billion paid for U.S. malpractice claims in 2017, with 22 percent for surgical injuries.
- Common causes include lack of surgical skill, insufficient preoperative planning, shortcuts, poor communication, surgeon fatigue, drug or alcohol use, and neglect.
- Common errors include operating on the wrong site or patient, giving too much or too little anesthesia, injuring a nerve, and leaving objects inside.
- Liability depends on whether the surgeon is a hospital employee or independent contractor, though hospitals may be liable for inadequate facilities or faulty equipment.
Surgical errors are among the most common, preventable, and dangerous medical errors. If you have suffered injury caused by medical mistakes during surgery, contact Paulson Coletti Trial Attorneys PC right away. Our experienced Bend surgical error lawyers have dedicated advocates for seriously injured people.
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- We give our undivided attention to every client we represent and maintain a smaller caseload to make that possible.
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- We have a successful track record and more than 50 years of combined experience.
What Is a Surgical Error?
A surgical error is a preventable mistake made during surgery. Although all surgeries involve risks, of which the patient should be informed, surgical errors are unexpected and go beyond the known risks.
“At Paulson Coletti, ‘liberty and justice for all’ is more than just a phrase – it is our mandate. Our team of trial lawyers is driven to pursue justice for the injured, ensuring that the responsible parties are held accountable. Whether your case settles or goes to trial, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.”
Facts About Surgical Errors
According to the National Practitioner Data Bank:
- Nearly $4 billion was paid out for medical malpractice claims in the U.S. in 2017.
- 22 percent of that amount was for injuries that occurred during surgery.
- 30 percent of that sum was paid out for injuries resulting in death, 20 percent for major permanent injuries, 18 percent for significant permanent injuries, and 12 percent for quadriplegic, brain damage, and lifelong care injuries.
What Are Common Causes of Surgical Errors?
There are many reasons why surgical errors occur. Common causes include:
- Lack of surgical skill: The surgeon may have limited experience performing your particular procedure and simply lack the necessary skills.
- Insufficient preoperative planning: It is critical that surgeons are well-prepared for surgery to avoid mistakes and complications. This includes preparation by surgical assistants and nurses to ensure that all surgical equipment is ready and available when needed.
- Taking shortcuts during surgery: Surgeons may mistakenly cut out certain necessary steps of the procedure.
- Poor communication: Failure to communicate can lead to critical errors, such as marking the wrong site for surgery.
- Surgeon fatigue: Surgeons work long hours, which can result in fatigue and lead to serious mistakes.
- Drug or alcohol use: Some surgeons use drugs or alcohol to cope with stress.
- Neglect: In some cases, surgeons are not as careful as they should be to protect their patients.
Types of Surgical Errors
The potential for surgical errors is wide-ranging. Common examples include:
- Operating on the wrong site or the wrong patient.
- Administering too much or too little anesthesia.
- Injuring a nerve during the procedure.
- Leaving a sponge or a piece of surgical equipment inside the patient.
“Most cases settle, but each of our cases is prepared as if it’s going to trial. The insurance companies know it and so do the defense lawyers defending them. That’s why we get such great results for our clients.”
Who Is Liable for a Surgical Error?
Liability for surgical errors depends on whether the doctor is an employee of the hospital or an independent contractor. Most hospitals have contracts with surgeons that limit the hospital’s liability should a medical error occur. However, when a surgical error occurs because of inadequate facilities or faulty equipment, the hospital may be found liable.
Why You Need a Surgical Error Attorney in Bend
Medical malpractice cases involving surgical errors can be complex from both legal and procedural standpoints. Your best course of action is to consult with a medical malpractice lawyer who has experience handling these types of cases. Our experienced Bend personal injury trial attorneys have the knowledge, skills, and resources to effectively pursue the compensation you deserve for your injuries.
Connect with Paulson Coletti Trial Attorneys PC
At Paulson Coletti Trial Attorneys PC, we are committed to holding negligent healthcare providers accountable for the harm they cause to patients. Call us or contact us online as soon as possible if you have suffered serious injuries due to surgical errors.