Surgical Errors: When Medical Mistakes Put Patients at Risk

Every surgery carries some degree of risk. Patients understand that no procedure is completely without danger, and most enter the operating room with a sense of cautious optimism, trusting that the surgical team will do everything in their power to ensure a successful outcome. 

But when a preventable surgical error occurs, such as operating on the wrong body part, leaving a surgical instrument inside a patient, or damaging a nerve or vital organ, those risks become unacceptable. 

These are not just complications; they are clear examples of medical negligence.

At Morgan & Morgan, we believe that patients who suffer from surgical errors deserve answers, accountability, and justice. 

If you or a loved one has suffered due to medical malpractice or surgical error, contact Morgan & Morgan, America’s largest personal injury law firm, for a free case evaluation to learn more about your legal options and the compensation you may be entitled to.

What Are Surgical Errors?

Surgical errors are mistakes made during surgery that could have been avoided through proper planning, communication, or execution. These errors go beyond the known risks of surgery, and they’re often the result of negligence, incompetence, miscommunication, or system failures in the operating room.

Some of the most common and devastating surgical errors include:

• Wrong-site surgery: Operating on the wrong body part or the wrong side of the body.
• Retained surgical instruments: Leaving tools, sponges, or other objects inside a patient’s body.
• Accidental nerve or organ damage: Unintentional injury to nerves, blood vessels, or organs due to poor technique or carelessness.
  
   

What Is Wrong-Site Surgery?

Wrong-site surgery is perhaps the most shocking type of surgical error. It can involve operating on the wrong limb, removing the wrong organ, or even performing surgery on the wrong patient entirely. This type of mistake is so egregious that it’s classified by The Joint Commission as a “never event,” a medical error that should never happen.

Despite rigorous safety protocols, wrong-site surgeries continue to occur in hospitals and surgical centers across the country. Common causes include:

• Poor preoperative verification: Failing to confirm the correct procedure, patient identity, or surgical site.
• Lack of standardized checklists: Not following a consistent "time-out" protocol before incision.
• Breakdown in communication: Miscommunication between surgeons, nurses, and anesthesiologists.
• Incorrect marking of the surgical site: Or failing to mark it at all.

The consequences of wrong-site surgery can be life-altering. A patient may lose a healthy organ or limb, suffer unnecessary pain and rehabilitation, or require additional surgeries to correct the mistake. In some tragic cases, the error is fatal.

Victims of wrong-site surgery often experience significant emotional distress, including PTSD, anxiety, and depression. And while hospitals may quickly offer a settlement or apology, it’s important to speak to a qualified attorney before accepting any compensation.

Retained Surgical Instruments: Objects Left Behind

Another “never event” that still happens with alarming frequency is the retention of surgical instruments. Sponges, clamps, needles, and even scalpels have been found inside patients' bodies days, weeks, or even years after surgery.

Surgical instruments are often small and can become obscured by blood or tissue during a procedure. However, the root cause of retained objects is almost always human error or system failure. Contributing factors include:

• Inaccurate instrument counts: Failing to verify that all tools and sponges are accounted for before closing the surgical site.
• Emergency procedures: Urgent or chaotic situations increase the likelihood of mistakes.
• Fatigue or understaffing: Long hours and pressure can lead to lapses in judgment.

Retained surgical items can cause a range of symptoms, including:

• Chronic pain
• Infection or abscess
• Internal bleeding
• Bowel obstruction
• Fever or sepsis

In many cases, the patient requires another surgery to remove the object, resulting in more trauma, cost, and recovery time.

What Is Nerve or Organ Damage?

Unlike wrong-site surgery or retained instruments, nerve or organ damage may not be immediately obvious. These injuries often result from poor technique, inexperience, or a lack of attention during surgery.

Types can include:

• Nerve damage: Can result in chronic pain, numbness, paralysis, or loss of function.
• Organ perforation: An accidental cut or puncture to the bowel, bladder, uterus, or other organ can lead to life-threatening infections.
• Vascular injury: Damage to arteries or veins may cause excessive bleeding, stroke, or organ failure.

Some nerve injuries may be permanent, while others may take months or years to recover from if at all.

Victims of surgical damage often face a long road to recovery, including additional surgeries, physical therapy, and major lifestyle adjustments. The psychological burden, including fear, frustration, and loss of trust in medical professionals, can be just as overwhelming.

When Is a Surgical Error Considered Malpractice?

Not every poor outcome is grounds for a lawsuit. However, when a surgeon or medical team fails to meet the accepted standard of care and that failure causes injury, they may be liable for medical malpractice.

To prove malpractice, a plaintiff must typically show:

1. A duty of care existed: A doctor-patient relationship was established.
2. The standard of care was breached: The surgeon acted negligently or deviated from accepted practices.
3. The breach caused harm: The error directly resulted in injury, damage, or death.
4. The harm led to damages: Such as medical bills, lost income, or pain and suffering.

These cases can be complex and require expert testimony, medical records, and a thorough investigation.

What Compensation Can Victims Recover?

Victims of surgical errors may be entitled to a range of damages, including:

• Medical expenses: For initial treatment, corrective surgeries, medications, and therapy.
• Lost wages: For time missed at work or loss of earning capacity.
• Pain and suffering: Both physical and emotional trauma.
• Disfigurement or disability: For permanent injuries or scarring.
• Loss of enjoyment of life: When daily activities are impacted.
• Wrongful death damages: For families who lose a loved one due to surgical negligence.

The value of a malpractice claim depends on the severity of the injury, the cost of future care, and the long-term impact on the patient’s life.

How Morgan & Morgan Can Help

Medical malpractice cases are some of the most difficult legal claims to pursue. Hospitals and insurance companies have teams of lawyers whose job is to protect them from liability. You need a firm with the experience, resources, and dedication to fight back.

At Morgan & Morgan, we’ve been standing up for patients and their families for more than 35 years. With a team of over 1,000 attorneys and a proven track record of success, we have recovered billions of dollars for victims of negligence.

We can investigate your case thoroughly, gather expert testimony from leading medical professionals, and review your medical records and surgical history. We will also handle all communications with hospitals and insurers, and fight for the maximum compensation you need and deserve to move forward with your life.

And we do it all on a contingency fee basis, meaning the Fee Is Free®, and you pay nothing unless we win.

If you or someone you love has suffered due to a surgical error, don’t let the hospital downplay what happened. You have rights, and you deserve answers.

Contact us today for a free, confidential case evaluation. We’ll listen to your story, explain your options, and help you decide what to do next.