Surgical Errors and Lawsuits: What Should I Do After a Faulty Surgery?

Surgery is supposed to help patients recover, not cause new harm, but when a surgical error happens, it can turn a healing process into a devastating ordeal, sometimes with lifelong consequences.

If you or a loved one experienced complications due to a surgical mistake, it’s natural to feel scared, angry, and unsure of what to do next.

At Morgan & Morgan, we believe that no one should have to suffer because of a medical professional’s negligence. Below, we will walk you through what surgical errors are, why they happen, and—most importantly—what steps you should take if you believe you’ve been the victim of a faulty surgery.

For more information about your specific claim, contact us today for a free case evaluation.

What Are Surgical Errors?

Surgical errors are preventable mistakes that occur during surgery. These aren’t the known risks or complications that come with any operation. Instead, they’re events that fall outside the standard of care a competent medical professional is expected to provide.

Common examples of surgical errors include:

• Wrong-site surgery (e.g., operating on the wrong limb or organ)
• Wrong-patient surgery
• Performing the wrong procedure
• Leaving surgical instruments or sponges inside the body
• Damaging nerves, tissues, or organs unintentionally
• Administering the wrong dose of anesthesia
• Failure to monitor or respond to complications

These mistakes can lead to severe outcomes, including infection, paralysis, brain damage, organ failure, disfigurement, or even death.

How Do Surgical Errors Happen?

Surgical errors can stem from a variety of causes. While every case is unique, some of the most common reasons include:

Poor Communication

Lack of coordination between surgical staff, anesthesiologists, and nurses can result in devastating errors, like operating on the wrong body part or performing the wrong procedure.

Inadequate Planning

Failing to review a patient’s medical history, allergies, or current medications can lead to complications that were entirely avoidable.

Fatigue or Inattention

Surgeons often work long hours under intense pressure. Fatigue or momentary lapses in concentration can have deadly consequences.

Incompetence or Inexperience

In some cases, the surgeon may not have had adequate training or skill to safely perform the procedure.

Substance Abuse

Although rare, there are documented cases of surgeons or medical staff working while impaired by drugs or alcohol.

Equipment Failure

Sometimes, the tools used in surgery malfunction. While manufacturers may be partly liable, it's often the surgical team’s responsibility to ensure everything is functioning properly before and during the procedure.

What Are the Signs You Were Harmed by a Surgical Error?

In many cases, patients don’t immediately know that a mistake occurred. But over time, signs may emerge that something went wrong during surgery. These might include:

• Persistent or worsening pain
• Infection or unexpected swelling
• New or unexplained symptoms
• Delayed recovery
• Revision surgeries
• A second doctor informing you that a mistake was made
• Imaging or tests that reveal foreign objects left behind

If anything feels off, don’t ignore your gut. You have the right to question your care and seek answers.

What Should I Do If I Suspect a Surgical Error?

If you think a mistake occurred during your surgery, it’s crucial to take the right steps to protect your health and your legal rights. Here’s what to do:

1. Seek Immediate Medical Attention

Your top priority should be your health. If you’re experiencing unusual symptoms or worsening pain, seek care immediately. If necessary, go to a different hospital or provider for a second opinion.

2. Request Copies of Your Medical Records

Medical records are essential to uncovering whether a mistake occurred. Request the full documentation related to your procedure, including:

• Preoperative notes
• Operative reports
• Anesthesia records
• Postoperative notes
• Discharge summaries

Under the law, you have a right to these records. Keep your request polite but firm, and consider doing it in writing.

3. Document Everything

Start a journal to keep track of your symptoms, appointments, conversations with doctors, and how the error has affected your life. Take photos of visible injuries or post-surgical complications. Keep receipts for any out-of-pocket expenses related to your care.

4. Get a Second Opinion

Another physician may be able to identify errors your original surgical team hasn’t acknowledged. A second opinion can provide clarity about what went wrong and what needs to be done to correct it.

5. Avoid Discussing the Case Publicly

Don’t post about your situation on social media or make accusations online. Anything you say publicly could be used against you if you decide to take legal action.

6. Contact an Experienced Medical Malpractice Attorney

Medical malpractice cases are complex and require extensive investigation. An attorney can help you understand whether you have a case and what your legal options are. At Morgan & Morgan, we offer free case evaluations and charge no upfront fees, and we only get paid if we win.

Can I Sue for a Surgical Error?

Yes, if a surgical error was the result of negligence and caused you harm, you may be able to file a medical malpractice lawsuit. To win a case, you typically must prove:

1. A doctor-patient relationship existed
2. The surgeon owed you a duty of care
3. That duty was breached (i.e., they acted negligently)
4. You suffered damages (physical, financial, or emotional) as a result
   
    

Laws vary by state, but most jurisdictions require these core elements to be proven. A malpractice claim can be brought against:

• The surgeon
• The hospital
• Anesthesiologists
• Nurses or surgical techs
• Other responsible parties
   

What Compensation Can I Recover After a Surgical Error?

If your claim is successful, you may be entitled to significant compensation. Common types of damages include:

• Medical Expenses: Including revision surgeries, medications, physical therapy, and future care needs.
• Lost Wages: For time missed from work or reduced ability to earn income in the future.
• Pain and Suffering: For physical pain, emotional distress, disfigurement, or loss of enjoyment of life.
• Punitive Damages: In rare cases, if the conduct was especially egregious or reckless.

Every case is different, and the amount you can recover depends on the severity of the harm and the impact on your life.

How Long Do I Have to File a Claim?

Each state has a statute of limitations that sets a deadline for filing medical malpractice lawsuits. In many states, this is 2 to 3 years from the date of the surgery or from the date you discovered (or should have discovered) the error.

However, there are exceptions, especially in cases involving minors or fraud. That’s why it’s essential to speak with an attorney as soon as possible. Waiting too long could mean losing your right to compensation.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we’ve been fighting for patients for over 35 years. With more than $25 billion recovered for our clients, we are one of the largest and most respected personal injury law firms in the country.

When you hire us, you get experienced medical malpractice attorneys, a dedicated legal team and medical experts, and the national reach of America’s largest personal injury law firm with local support and personalized care.

Hospitals and insurance companies often have large legal teams fighting to protect their interests. You deserve someone in your corner who will fight just as hard for you.

If you believe a surgical error has harmed you or someone you love, don’t wait. You may be entitled to compensation, and the first step toward justice is reaching out for help.

We understand how overwhelming this situation can be. That’s why we’re here to make the process as easy as possible. Our legal experts will review your case, explain your options, and help you understand what comes next.

Contact us today for a free, no-obligation case evaluation.