Research indicates that approximately 400,000 hospitalized patients experience some preventable harm and that more than 200,000 patients die each year due to preventable medical errors. Errors that occur during surgery have the highest risk of resulting in severe injuries or death to patients. Intraoperative errors are the primary issue in 75% of medical malpractice cases involving surgeons. So-called “never events” such as wrong site, patient, or procedure happen with alarming frequency.
Surgeons are responsible for performing highly skilled work to save lives and help improve the health of patients in their care. Unfortunately, not all of these medical care providers perform their work with the care, skill, and prudence expected and required of them. These surgical mistakes can have deadly consequences. Even when a surgical error does not prove fatal, it could still result in a serious injury that negatively affects the patient for the rest of their life.
If you or a loved one was injured by preventable mistakes by a surgeon, the Upstate New York medical malpractice attorneys at Powers & Santola, LLP want to help. Contact us today for a free and confidential case review.
Overview of Surgical Errors
Surgical errors are preventable injuries that generally occur during surgery and are not an inherent risk of surgery. For a surgical error to be considered medical malpractice, the error must have caused an injury to the patient and resulted in verifiable damages. The mistake must be of a nature that falls below the standard of care and one that another doctor with similar training would have made under the same or similar circumstances.
Surgeries involve some degree of risk, so it is common for hospitals to ask surgical patients to sign an informed consent form. These forms may identify specific risks and ask you to acknowledge and assume them. However, you may still have the right to take legal action against your medical professionals if you were injured in a way that was not foreseeable and involved medical negligence.
Causes of Surgical Errors
Surgeries can be complex, which is why they are reserved for healthcare professionals with the most extensive training and education regimens. Investigations into factors that lead to surgical errors have revealed common causes of errors during surgery, including:
- Feeling rushed – Some surgeons report feeling rushed during the procedure, which can increase the possibility of error.
- Distractions – Surgeons or surgical staff can be distracted by cell phones, monitoring equipment, demands from other patients, or other factors that take their minds off the task at hand.
- Fatigue – Some surgeries take multiple hours to perform. Surgeons may have worked on other patients, too, leading to extreme doctor fatigue.
- Miscommunication – Health professionals may fail to communicate before or during surgical procedures, which can have grave consequences for patients.
- Insufficient preoperative planning – The healthcare team may have failed to plan properly for the surgical procedure, leading to surgical equipment not being available or foreseeable problems occurring during the surgery.
- Inadequate staffing – Many hospitals are woefully understaffed. When there are not enough medical staff, patients could be in jeopardy of harm.
- Organizational factors – Healthcare professionals may discard or not label specimens as waste, leading to patient injury.
- Administrative mistakes – Medical record issues can lead to wrong site, wrong- procedure, or wrong patient issues.
- Failure to follow surgical safety checklists – Surgical safety checklists exist to protect patients, but hospital staff may disregard them.
- Impairment – Sadly, some healthcare providers may be under the influence of drugs or alcohol.
- Lack of training – Some surgeries are novel. Surgeons may have inadequate training to perform the procedure properly or have only completed simulated training, not on an actual patient.
If you suspect any of these issues could have led to your surgical injury, our experienced attorneys can investigate your case and represent you in pursuing justice and accountability for the harm you’ve suffered.
Types of Common Surgical Errors
Surgical mistakes can take many forms. Some of the most common surgical errors include:
Performing the Wrong Surgery
Administrative errors or staff providing incorrect information about a patient can result in a surgeon performing an incorrect procedure. Unnecessary surgeries can result in dangerous complications that never had to happen and lasting consequences for patients.
Wrong Patient Surgeries
Sometimes, surgeons perform the wrong surgery because patient files or medical records get mixed up. Someone at the hospital may have needed the surgery the surgeon performed, but the surgeon performed it on the wrong patient. These medical errors commonly occur when there are no proper protocols in place to catch them or during emergencies. Tragically, these mistakes can lead to removing healthy organs, amputations, disfiguring injuries, or even death.
Wrong-Site Surgeries
A wrong-site surgery involves performing the correct medical procedure in the wrong location. The most common type of wrong-site surgery is performing the procedure on the wrong side of a patient’s body. For example, the surgeon may perform a procedure on the left leg instead of the right leg. This type of medical mistake can irreparably harm a healthy part of the body. It is often due to surgeons feeling rushed, communication failures, or failure to follow proper protocols.
Operating on the Wrong Body Part
If surgical staff misinforms the surgeon about the reasons for the surgery, the surgeon may operate on the wrong body part, leading to irreversible damage. Poor communication and failure to correctly identify the body part to be operated on commonly cause this medical mistake.
Leaving a Foreign Object in the Patient
Surgeons could leave foreign bodies in a patient, such as:
- Scalpels
- Surgical clamps
- Gauze
- Sanitization equipment
- Retractors
- Drains
- Forceps
- Other medical equipment
When this happens, the patient is at an increased risk of infection. Sometimes, patients do not discover this mistake until they suffer complications and another medical provider conducts imaging tests that reveal a foreign object in the body cavity. It is often necessary to perform another surgery to remove the foreign object from the patient’s body, which subjects them to further risk, pain, and expense.
Injuries and Internal Organ Perforation During Surgery
Surgical mistakes can happen due to human error. A surgeon may accidentally picture, nick, or cut a healthy body part during surgery when operating on another injured or diseased body part. Common injuries that surgeons inadvertently cause during some surgeries may include:
- Perforating an internal organ
- Nicking a vein, artery, or blood vessel
- Cutting muscles, tendons, ligaments, or other soft tissues surrounding the surgical site
- Breaking a bone
- Perforating the bowel, colon, or bladder
These surgical mistakes can lead to extreme blood loss, hemorrhage, and even death. Additional surgeries may be necessary to repair the damage. Patients can also suffer from infections and sepsis, leading to organ failure.
Permanent Nerve Damage
Millions of nerves are in the human body. A surgeon can accidentally nick one, leaving the patient with permanent nerve damage and a long-term disability. If the surgeon performs the surgery improperly, the patient may experience symptoms such as pain, loss of sensation in the affected area, and numbness, which can indicate nerve damage.
Anesthesia Errors
Patients must be carefully monitored during medical procedures. Anesthesia errors may involve administering the wrong medication or the incorrect dosage. A patient may be allergic to or have a negative interaction with a particular type of anesthetic. Healthcare providers who do not carefully review a patient’s medical history may not spot these critical details.
Unfortunately, dosage errors can occur that harm patients. Patients who have too much anesthesia may go into a coma or be unable to communicate as expected with their healthcare team. They could also suffer from a lack of oxygen or brain damage. Those with too little medication may prematurely awaken during surgery, leading to a horrifying experience that can increase their risk of injury.
Failure to Follow Proper Hygiene Protocols
Medical protocols exist to protect patients. This includes protocols for hygiene and disinfection. Surgeons use a multi-step process to wash their hands and disinfect themselves before performing surgery. Surgical instruments and operating rooms must also be thoroughly cleaned to avoid introducing bacteria to the patient during the procedure. When surgical staff do not follow these protocols, they can cause surgical site infections that threaten the patient’s life.
If you were harmed by any of the above, a surgical errors attorney from our law firm can review your case and explain if you have a viable medical malpractice claim.
How Surgical Errors Can Be Prevented
In 2003, the Joint Commission published the Universal Protocol to prevent wrong-site, wrong-procedure, and wrong-person surgeries. This protocol is now included in the Commission’s chapter on national patient safety goals in its accreditation manual. The protocol consists of three steps that medical professionals should follow in every surgery:
Procedure Verification Process
The first step is to ensure that all relevant documents, information, and equipment are available before beginning the procedure. They must be correctly identified, labeled, matched to the patient’s identifiers, reviewed, and consistent with the patient’s expectations and the healthcare team’s understanding. If any information is missing, it must be reconciled before beginning the procedure.
Marking the Operative Site
Next, the surgical team should apply an unambiguous mark to the part of the body being operated on. This only needs to occur when there is more than one possible location where the surgery could be performed.
Performing a Time Out Before the Procedure
The operative team must conduct a final assessment to ensure that the correct patient, site, and procedure are identified.
Other Ways to Prevent Surgical Errors
In addition to following the universal protocol, medical professionals can take other preventative measures to avoid harming patients during surgery. For example, the surgical team should use surgical safety checklists, such as the one published by the World Health Organization. The hospital should also have additional protocols in place to avoid preventable errors, ensure the right body part is being operated on, and identify any possible errors before surgery.
What to Do If a Surgical Error Harmed You
Medical mistakes do happen. But that doesn’t mean you just have to accept the situation. Take the following actions to protect your health and legal rights:
- Consult a medical provider and explain your concerns. They can conduct a thorough investigation to determine if another doctor’s mistake has harmed you.
- Request your medical records from your surgeon.
- Contact an experienced medical malpractice attorney.
- Do not discuss your case with anyone other than your lawyer.
Legal Recourse for Patients Injured by Surgical Errors
Injured patients may be able to seek financial compensation if their surgeon injured them by filing a medical malpractice claim. This type of claim may be resolved through the surgeon’s medical malpractice insurance provider. If not, you can file a lawsuit to demand financial compensation.
What Damages Can I Recover in a Medical Malpractice Claim?
Through a medical malpractice claim, you can seek financial compensation for your:
- Additional medical expenses
- Future medical expenses
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
- Disability or impairment
An experienced attorney can review your situation and explain the compensation that might be available to you.
What Is the Deadline to File a Medical Malpractice Claim?
In New York, you have 30 months or two and a half years to file a medical malpractice lawsuit after you were injured due to a medical error. If this deadline passes and you have not taken legal action, you can forfeit your right to recover compensation. Safeguard your rights by contacting an experienced medical malpractice lawyer today.
Contact Our Law Firm for a Free Case Review
If you or a loved one experienced a surgical error in the operating room, you may have the right to financial compensation. Our Upstate New York lawyers have handled thousands of medical malpractice cases. We offer a free, no-obligation consultation to discuss your legal rights and options. Call us today or fill out our online contact form to get started.
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