Tools That Break Off During Surgery Are Medical Malpractice

Surgical tools are not meant to break off during a surgery.  They are built strong, reliable, and well-suited for their intended purpose.  If they do break during a medical procedure, it is a sign of some type of error.  That error could be with the tool itself and the way it was manufactured.  That error could also be with the surgeon or staff using it.  Or that error could be with the team that sterilized and prepared the tool for the surgery.  In any event, the tools are not meant to break or malfunction.

Thus when a tool does break or malfunction during a surgery, it is very likely that there is no non-negligent excuse why.  Most common reasons why tools break during surgery is because there is user error.  This is when the surgeon is improperly using the tool.  Sometimes this could be putting too much force or pressure on the tool.  Other times this could be using the tool for a non-approved or unintended use which can place the tool at a weakened position.  Other times the tool can just be older and beginning to fail but the surgeon wants to continue to use it anyway.

Sometimes the surgeon is using the tool property but, unfortunately, the tool was either not put back together or sterilized correctly after the last surgery, or the tool was not properly built by the company.  When this happens it is also a negligence case against both the user and the entity (the hospital most likely) and the tool manufacturer that makes it.

In any event, if you ever have a tool break off during a surgery and there are lasting injuries because of it, call an experienced New York medical malpractice attorney to learn how to protect your rights.