Not every complication which occurs during or as a result of surgery is actionable under the law.  Some complications are foreseeable and a risk of certain procedures. In addition, just because a surgery is unsuccessful does not mean that a surgeon was negligent.  However, many complications are the result of a preventable mistake, and if the patient has a complicated or prolonged recovery and requires subsequent surgeries to correct the mistake, that person may have a viable medical malpractice case.

Here are a few surgical errors that may be considered malpractice and should be investigated by a lawyer specializing in medical malpractice litigation.

  • Surgical Equipment Left Behind:  If a surgeon leaves behind a clip, a clamp, a needle, or even something larger, such as a hemostat or tweezers, that surgeon has been negligent.  If an infection results and/or subsequent surgery must be performed to remove the object, and there are sufficient damages, it may be worth investigating this claim.
  • Wrong Organ Removed:  If, for whatever reason, a surgeon removes the wrong organ or limb from the wrong side of the body, this is clearly negligence which should be investigated.
  • Organ and/or Tissue Damage:  Some tissue damage during surgery may be acceptable or necessary but if a surgeon accidentally cuts or damages an organ, or tissue, or a nerve, and this mistake results in substantial impairment to the patient, the surgery should be investigated

If you or a loved one has been injured due to a complication or mistake, contact Stark & Stark today for a free consultation.