If you believe you were injured because of a surgical mistake, your priority should be getting the medical care you need. Seek follow-up treatment right away, especially if you are experiencing unexpected pain, infection, worsening symptoms, or complications after surgery.

You should also begin gathering records related to your surgery and recovery. This may include surgical reports, hospital records, discharge paperwork, test results, imaging, prescriptions, follow-up visit notes, and bills for additional medical care.

It may also help to write down a timeline of what happened before, during, and after the procedure. Include the name of the surgeon, the hospital or surgical center, the date of the surgery, the symptoms you experienced afterward, and any additional treatment you required.

Because surgical error cases often require a detailed review of medical records and expert opinions, speaking with an attorney can help determine whether the surgeon or medical team failed to meet the accepted standard of care.

Surgical errors can happen before, during, or after a procedure. Some mistakes may be immediately obvious, while others may not be discovered until complications develop later. Common examples of surgical errors may include:

• Wrong-site surgery
• Wrong-patient surgery
• Performing the wrong procedure
• Leaving surgical instruments, sponges, or materials inside the body
• Anesthesia errors
• Nerve, organ, or tissue damage
• Failure to control bleeding
• Failure to prevent or treat infection
• Poor post-surgical monitoring
• Discharging a patient too soon
• Failure to recognize complications after surgery

Not every surgical complication is malpractice, but when a preventable mistake causes serious harm, the patient may have legal options.

You may be able to sue for a surgical error if a surgeon, anesthesiologist, nurse, hospital, or other medical provider failed to provide appropriate care and that failure caused you harm.

To bring a surgical malpractice claim, it must typically be shown that the medical provider owed you a duty of care, breached the accepted standard of care, and directly caused your injury or worsened your condition. This often requires a review of medical records, surgical notes, expert opinions, and the events surrounding the procedure.

Surgical malpractice claims may involve individual providers, hospitals, surgical centers, or other healthcare professionals involved in your care. An attorney can help investigate what happened and determine who may be responsible.

A surgical error can lead to serious physical, emotional, and financial consequences. If medical negligence caused your injury, you may be entitled to compensation for the harm you suffered.

Compensation may include:

• Medical expenses related to corrective treatment or follow-up care
• Additional surgeries or hospital stays
• Rehabilitation, therapy, or long-term care
• Lost wages if you were unable to work
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Scarring, disfigurement, or permanent disability
• Loss of quality of life
• Wrongful death damages, if a loved one died because of a surgical error

The value of a surgical error case depends on the severity of the injury, whether additional treatment was needed, and how the mistake affects your daily life.

Surgical error cases can be difficult to prove because hospitals, surgeons, and insurance companies often have legal teams protecting their interests. Having the right law firm on your side can make an important difference.

Morgan & Morgan is America’s Largest Injury Law Firm, with more than 1,000 attorneys and over 35 years of experience handling complex medical malpractice and serious injury claims. The firm has recovered more than $30 billion for clients and has the resources to investigate what happened, review medical records, work with medical experts, and pursue accountability.

If you or a loved one was harmed by a surgical mistake, Morgan & Morgan can review your case and explain your legal options.

Morgan & Morgan works on a contingency fee basis, meaning the Fee Is Free™—you only pay if we win your case. You can start today with a free case evaluation.