Surgical Errors – Speak to an Attorney if You Have a Medical Malpractice Case

Surgical injuries, also known as surgical accidents or surgical mistakes, can be the result of medical negligence on the part of a doctor, nurse, or hospital. According to the Centers for Disease Control, approximately 15,000 surgical patients have had a surgical instrument left inside their body in the past few years. Common causes of surgical mistakes that may result in a favorable medical malpractice verdict if a lawsuit is filed include:

• Wrong-site surgery (operating in the wrong area of the body)
• Wrong surgical procedure (removing the wrong part of the body, such as limbs, organs, and tissue)
• Surgical instrument left in the body (retractors, sponges, and surgical towels can all be left in the body).
• Surgery unrelated to the patient's diagnosis.
• Wrong patient surgery
• Damage from a planned surgery (this can occur when damage is not a risk that was explained to the patient before undergoing surgery)

Surgical Mistakes Statute of Limitations

There is a statute of limitations on the filing of medical malpractice cases involving surgical injuries, so it is important to file a lawsuit as quickly as possible to have a chance of receiving a beneficial medical malpractice verdict.

The statute of limitation usually begins on the day surgical mistakes were made, but there are cases where surgical injuries are not discovered for months or years after the surgery. For instance, in the case of a surgical instrument being left in the body, the patient may not suffer any pain until months after the surgery.

If the patient seeks treatment for the pain and the surgical instrument is discovered, the statute of limitations begins from that point, but if the patient delays treatment and surgical mistakes are found later, the statute of limitations will begin from the date the patient first experienced pain, when surgical injuries should have been discovered.

Talk to a Lawyer – Schedule a Case Review

If you or a loved one has suffered surgical injuries or other hospital mistakes, you may want to contact an attorney