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Common Surgical Medical Malpractice Claims


Healthcare is needed. Healthcare is necessary. Unfortunately, healthcare also brings a unique set of challenges. These challenges may come in the form of surgical medical malpractice and the resulting claims. Before you go into a situation where you will have surgery, it is important to know and understand the possible outcomes beyond the targeted ideal goals that you and your healthcare provider have in common.

What is Surgical Medical Malpractice?

Before getting into the most common types of surgical medical malpractice claims, it is important to understand what malpractice means overall and what surgical medical malpractice encompasses.

  • Medical Malpractice – Medical malpractice happens when a medical entity, establishment, or professional neglects to properly care for or disregards the appropriate procedures in caring for a patient. The issues may arise as a result of a misdiagnosis, a mistake in the treatment regimen, any aftercare received, or in the overall management of the healthcare plan.
  • Surgical Medical Malpractice – A surgical medical malpractice occurrence is when a surgeon makes a mistake during surgery. The issues may arise when an error falls below the medical standard of care.

Surgical malpractice can come about in many forms. However, the main takeaway is that a healthcare professional made a mistake in your care.

What Are the Most Common Types of Surgical Medical Malpractice Claims?

  1. Operating on the wrong body part resulting in damage to a healthy body part and a lack of care for the ailing body part.
  2. A foreign body is left inside the body after a procedure is finished such as a sponge or other implement that becomes enclosed inside the body once the area is sutured, etc.
  3. Poor or subpar performance by the surgeon or other healthcare professionals before, during, or after the surgical procedure.
  4. Improper cleaning of surgical equipment. Lack of proper sterilization can lead to the spreading or introduction of germs into the body during surgery.
  5. Performing surgery on the wrong patient. This includes not accurately identifying patients and double-checking identities through name and birthdate verification procedures before administering medications and surgical procedures.
  6. Administering the wrong medication before and during surgery or administering the incorrect dosage for the patient.
  7. Causing an infection to occur by lack of or improper equipment sterilization before usage.

This is not a comprehensive list. Talk with your lawyer if any other issues arise.

What are the Potential Results of a Surgical or Medical Malpractice Occurrence?

While there are many potential outcomes from a surgical medical malpractice situation, severe problems may result, including:

  • Death during surgery or directly after surgery and related to negligent surgical performance.
  • Disability resulting from improper surgical procedures.
  • Financial liability due to prolonged health issues as a result of negligence. This may lead to increased and exorbitant medical bills or an inability to receive medical insurance due to classifications of pre-existing conditions from the malpractice occurrence. Or a financial burden to long-term home or institutional care needs.
  • Loss of income resulting from an inability to work; thus leading to a loss of healthcare and life insurance.
  • Prolonged pain and suffering for the patient. Anguish and frustration for the patient’s family.
  • A reduced quality of life for the patient and the patient’s family, especially those depending on them for acts of daily living and care.  

Contact Mills & Mahoney, P.A. Today.

When you have experienced a less-than-acceptable treatment after a surgery, contact us at (919) 683-2135 right away. We will take the time to discuss your procedure and advise you on your options. Our professional attorneys are here for you every step of the way. We have years of experience in the field of medical malpractice. When professional healthcare fails you, come to us. We are here for you.