Surgical Errors
Surgical errors are among the most devastating forms of medical malpractice. When surgeons, anesthesiologists, or operating room staff make preventable mistakes, the consequences can be life-altering or even fatal. Learn what constitutes surgical malpractice and what you can do about it.
What Are Surgical Errors?
Surgical errors refer to preventable mistakes that occur before, during, or after a surgical procedure. These are not the inherent risks that patients are warned about before surgery — they are deviations from the accepted standard of care that a competent surgeon would follow under similar circumstances. When a surgical error causes injury or death, it may constitute medical malpractice.
The medical community sometimes refers to the most egregious surgical errors as "never events" — mistakes so serious that they should never happen. The term was coined by the National Quality Forum and includes wrong-site surgery, wrong-patient surgery, and wrong-procedure surgery. Despite safety protocols like the Universal Protocol and surgical checklists, these errors continue to occur with alarming regularity.
Surgical malpractice can involve any member of the surgical team, including the primary surgeon, assisting surgeons, anesthesiologists, certified registered nurse anesthetists (CRNAs), surgical nurses, and surgical technologists. The hospital or surgical center itself may also bear liability if systemic failures — such as inadequate staffing, faulty equipment, or poor training protocols — contributed to the error.
To prove surgical malpractice, a patient must typically establish four elements: a doctor-patient relationship existed (duty of care), the surgeon or surgical team deviated from the accepted standard of care (breach), the breach directly caused the patient's injury (causation), and the patient suffered actual damages as a result. Expert medical testimony is almost always required to establish the standard of care and explain how the defendant fell short.
The consequences of surgical errors range from extended hospital stays and additional procedures to permanent disability, chronic pain, organ loss, and death. Beyond the physical harm, patients and families often endure severe emotional distress, financial hardship from mounting medical bills and lost income, and a profound loss of trust in the medical system.
Common Examples of Surgical Errors
Wrong-Site Surgery
Operating on the wrong side of the body, the wrong limb, or the wrong organ. This includes amputating the wrong leg, removing the wrong kidney, or performing spinal surgery at the incorrect vertebral level.
Retained Surgical Instruments
Leaving sponges, clamps, needles, or other instruments inside the patient's body after closing the surgical site. This can cause infection, internal damage, pain, and the need for additional surgery.
Nerve Damage
Accidentally cutting, compressing, or cauterizing nerves during surgery, leading to numbness, chronic pain, loss of motor function, or paralysis in the affected area.
Anesthesia Awareness
When a patient becomes conscious during surgery but is unable to move or communicate due to paralytic drugs. This can cause severe psychological trauma, including post-traumatic stress disorder.
Surgical Site Infections
Infections resulting from failure to maintain sterile conditions, improper wound closure, or inadequate post-operative care. Severe infections can lead to sepsis, organ failure, or death.
Perforation or Laceration of Organs
Accidentally cutting or puncturing surrounding organs, blood vessels, or tissues during the procedure, leading to internal bleeding and the need for emergency corrective surgery.
Improper Patient Positioning
Failing to position the patient correctly on the operating table, leading to nerve compression injuries, pressure sores, compartment syndrome, or restricted blood flow.
Post-Operative Monitoring Failures
Failing to properly monitor patients after surgery for signs of complications such as internal bleeding, blood clots, allergic reactions, or respiratory distress.
Key Questions an Attorney Would Investigate
Was the surgical checklist and time-out procedure followed before the operation began?
Were the correct surgical counts performed for sponges, needles, and instruments?
Did the surgeon have adequate training and experience for the specific procedure?
Was the patient properly informed of the risks, benefits, and alternatives (informed consent)?
Were post-operative monitoring protocols followed appropriately?
Did the hospital have adequate staffing levels in the operating room?
Was any faulty or malfunctioning equipment used during the procedure?
Did a communication breakdown between team members contribute to the error?
Watch: Understanding Surgical Errors
Frequently Asked Questions
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