Common Surgical Errors and How to Seek Justice in Oregon

Posted on April 16, 2025 writen by Jane Paulson in Medical Malpractice

Surgery always carries risks, but the consequences can be life-changing when those risks come from avoidable mistakes. For patients in Oregon, understanding what counts as a surgical error and what can be done about it matters. Paulson Coletti Trial Attorneys PC is committed to helping individuals recognize the signs of common surgical errors, understand their legal rights, and take meaningful steps toward accountability under Oregon law.

What Qualifies as a Surgical Error in a Medical Negligence Case?

Surgical errors are preventable mistakes that occur during a procedure and fall outside the standards expected of healthcare providers. Not every bad outcome qualifies. For it to be considered negligence, the mistake must result from a lack of reasonable care.

Some of the most recognized examples include:

• Operating on the wrong body part.
• Leaving surgical tools or sponges inside the patient.
• Using the wrong type or dose of anesthesia.
• Causing unintended injury to nearby organs or nerves.
• Failing to sterilize instruments leads to infections.

In Oregon, medical negligence claims must be filed within two years of the harm being discovered, per ORS 12.110. It’s a narrow window, and acting early matters.

The Most Common Surgical Errors and Their Consequences

The impact of surgical mistakes can last far beyond the operating room. Some of the common surgical errors we see include:

Wrong-Site Surgery
Mistakenly operating on the wrong area of the body can lead to long-term damage, unnecessary procedures, and emotional distress.

Retained Surgical Items
Instruments or materials left inside the patient can cause serious infections, internal injuries, or even death.

Anesthesia Mistakes
Errors with anesthesia, such as giving too much or too little, can lead to dangerous complications or even waking up mid-surgery.

Nerve Damage
Botched techniques may injure nerves permanently, affecting movement or causing chronic pain.

How These Errors Affect Lives

Surgical errors don’t just affect the patient physically; they have lasting emotional and financial implications:

• Long-term disabilities or mobility loss.
• Extended recovery time and mental health struggles.
• Financial strain from medical bills, time off work, and future care needs.

Why Do Surgical Errors Happen? Understanding the Causes

Multiple factors can contribute to surgical errors. Understanding these causes is essential to prevent similar mistakes in the future. Some contributing factors include:

• Fatigue and overworked medical staff. 
• Miscommunication between surgical team members. 
• Lack of Preparation due to incomplete patient files or insufficient planning. 
• Failure to Follow Proper Procedures, such as skipping pre-surgery checklists. 

According to the Oregon Patient Safety Commission, clear communication and adherence to safety protocols are keys to minimizing these errors.

Can You File a Medical Negligence Claim for a Surgical Error?

Yes, but specific legal criteria must be met. To move forward with a claim in Oregon, you’ll need to show:

• That the provider’s actions strayed from accepted medical standards.
• That those actions directly caused injury or made things worse.

Under Oregon law (ORS 12.110), you have two years to file from the discovery of harm. No claim can be made after five years from the date of treatment, regardless of discovery, unless fraud was involved.

Filing a Claim in Oregon

Oregon laws, such as ORS 12.110, dictate that medical malpractice claims must be filed within two years of discovering the injury. However, patients have no more than five years after the treatment or operation to file a claim, regardless of when the injury was found. Exceptions apply in fraudulent concealment cases, which reset the clock to two years from discovering fraud.

Steps to take before filing a claim:

1. Request and review your medical records for details related to the surgical error.
2. Document any conversations you had with your healthcare providers.
3. Consult with a legal professional to determine your case’s validity.

How Paulson Coletti Can Help You Seek Justice for Surgical Negligence

Going through a medical injury is hard enough. Navigating legal claims shouldn’t add more stress. At Paulson Coletti, we help Oregonians take action after surgical mistakes. We’re a Portland-based team with a long history of helping people, not institutions.

Here’s how we help:

• We assess your case: We’ll review the details to determine whether your situation qualifies under Oregon law.
• We handle the legal work: We’ve got it covered, from paperwork to court filings.
• You don’t pay unless we win: Our no-win, no-fee structure keeps it simple.

You may be entitled to compensation for:

• Medical bills, including follow-up procedures.
• Lost wages during your recovery.
• Pain, suffering, and emotional distress.
• Future care expenses.

If you have been harmed by common surgical errors, don’t wait to learn your options. Call Paulson Coletti at 503-682-8721 for a free consultation. We’re here to help you move forward.