All medical procedures, including surgeries, have risks associated with them. Although surgeons and other healthcare providers take measures to avoid surgical mishaps, mistakes still sometimes happen. And when they do, serious injuries and damages can result. Some of the most likely causes of surgical errors include neglect, poor communication between doctors and nurses, misdiagnoses, surgeon incompetence, and botched procedures.

Surgical error cases fall under the umbrella of medical malpractice. When a surgeon makes a preventable error during a procedure, the injured patient may be able to file a claim against the negligent surgeon, as well as the hospital or medical facility where the error occurred.

If you or someone you love was harmed as a result of a surgical error, you may be able to pursue monetary compensation for your injuries and damages. Insurance companies often vigorously defend surgical error cases. An Albany attorney may assist you by gathering the necessary medical evidence, negotiating with insurance companies, and litigating your case through the court system if necessary.

Common Operation Error Causes

Surgical errors can occur under a variety of circumstances, some of which are more dangerous than others. Some cases stem from simple mistakes made in earnest. Hospital staff may forget to properly sterilize surgical equipment, or the surgeon or treating doctor may misdiagnose or fail to recognize symptoms, leading to an unnecessary or incorrect surgical procedure. These kinds of errors may also lead to premature discharge of a patient who still requires medical observation, producing avoidable complications in otherwise normal procedures.

In the same vein, lack of communication can be a major contributing factor to surgical errors. It may seem unlikely, but surgeons have operated on the wrong body part or performed an unwanted medical procedure without the patient’s consent. This can happen if a surgeon is misinformed, or perhaps acts independently from the rest of their team.

Fatigue can also play a significant role in causing errors in the operating room, especially if the surgeon has been working hours on end without a break. In these circumstances, some fault may lie with the hospital administration for failing to properly manage the schedules and personal health of doctors on staff.

Finally, and in very rare cases, an operating error occurs when a surgeon lacks the necessary medical knowledge, training, or experience for a successful operation. An unaware or negligent doctor may even leave a sponge, towel, or another surgical instrument inside a patient’s body after a procedure is completed.

Claims Based on Surgical Errors

In order to prove a surgeon committed a serious medical error, the patient must show that the surgeon breached their applicable duty of care. All surgeons are held to the standard of care of a reasonable surgeon acting under the same or similar circumstances. Specialists are typically held to a national standard of care.

In order to prove a surgical error occurred, the injured patient must establish that the surgeon breached – or violated – this standard of care, directly resulting in certain injuries and damages.

Contact an Albany Surgical Error Lawyer Today

When a surgeon commits an error, injured patients may be entitled to damages based on medical bills and lost wages, pain and suffering, loss of companionship, and more. An Albany surgical error attorney can review your case and symptoms with you to determine whether or not you may be entitled to monetary damages under the law. Call today to discuss your case and learn more.