Seeking Justice for Surgical Errors

Surgical errors can have severe consequences for patients and may result in additional surgeries. If you or your loved one has been harmed by a “never event,” your best course of action is to speak with an experienced surgical errors lawyer in Little Rock about a claim for compensation.

How Often Do Surgical Errors Occur?

Surgical errors are the primary issue in an estimated 75% of all malpractice claims, as stated in a study on medical error reduction and prevention published by the National Institutes of Health (NIH). Researchers identified 69 surgical errors among 1.5 million surgeries during a five-year period in another study conducted by the Mayo Clinic. Nearly two-thirds of these “never events” occurred during relatively minor procedures, such as endoscopy, interventional radiology, line placements, anesthetic blocks, and soft tissue or skin procedures. They included the following types and numbers of surgical errors:

  • Wrong procedure (24)
  • Wrong site or wrong side of the body (22)
  • Leaving an object in the patient (18)
  • Implanting the wrong device (5)

Other types of surgical mistakes include damaging nerves or organs during procedures and postoperative infections that develop because of non-sterile environments. Researchers arrived at the following estimates for two categories of surgical error in a study published in JAMA Surgery:

  • Wrong site surgery: One event per 100,000
  • Leaving surgical items in the patient: One event per 10,000 procedures
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What Are the Consequences of Surgical Errors?

Medical errors during surgery can have devastating consequences for patients. They may lead to infections, excessive bleeding, tissue and organ damage, additional surgeries, prolonged hospital stays, permanent disabilities, or death. Long-term health complications of “never events” may include chronic pain, reduced mobility, organ failure or dysfunction, and emotional trauma.

doctors mid surgical procedure

What Are the Main Contributing Factors to Surgical Errors?

Many different factors can contribute to medical mistakes. In the study on medical error reduction and prevention published by the NIH, researchers found that common causes of surgical errors involving the wrong patient, the wrong site, or the wrong procedure include the following:

  • Clinician factors (such as fatigue, distractions, or feeling rushed)
  • Cognitive errors
  • Miscommunications
  • Organizational factors (such as failure to label specimens or discarding them as waste)
  • Inadequate staffing or staff changes

What Are Your Legal Options If You Have Been Harmed by Surgical Errors?

If you or your loved one has been a victim of surgical errors, you may have a cause of action for compensation against the responsible healthcare providers. The damages you may be entitled to claim will depend on the nature and extent of the injuries you have suffered. The following categories of compensatory damages are common in surgical error cases:

Economic Damages

These are objectively verifiable monetary damages, such as past and future medical expenses, lost wages, and loss of future earning capacity.

Noneconomic Damages

This category includes subjective, non-monetary losses, such as pain and suffering, mental anguish, emotional trauma, and diminished quality of life.

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How Can Our Law Firm Help?

If surgical error has led to serious medical complications for you or your loved one, contact McMath Woods for a free consultation. Our experienced surgical error attorney in Little Rock can tell you if you have a case and what damages you can claim. Our team of seasoned trial lawyers can thoroughly investigate the incident, gather evidence to support your claim, build a strong case based on the facts, negotiate skillfully with insurance companies, and advocate aggressively for your rights in court, if necessary. 

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