How Can a Surgery Error Lead to a Lawsuit?

An operating room is a highly complex environment with hundreds of moving pieces. It is up to the surgeons, assistants, and other staff members to safely and effectively carry out surgical procedures without causing harm to patients. When slips in communication, sanitation, or surgical techniques cause patient harms, the injured party may have the right to sue the hospital and/or responsible surgeon for medical malpractice. In Texas, here’s when a surgical error may give rise to a lawsuit:

Every patient has the right to know about, and fully understand, the potential risks of a given surgery before going under the knife. Hospitals must have procedures in place to inform patients of all known and foreseeable risks of a procedure. The patient will sign a release form stating that he or she has read and understands the risks, and accepts them as part of a surgery. If a surgeon fails to warn a patient of a foreseeable risk that would have changed the patient’s mind about the procedure, the patient may have a lawsuit for subsequent harms.

Surgical assistants and nurses are in charge of preparing a patient for surgery. This includes giving the patient proper instructions before a procedure, such as telling the patient not to eat for a certain number of hours beforehand. Careless patient preparation is a form of negligence that could lead to a patient being unprepared for the procedure.

Communication is key during any and all surgical procedures. The entire team must be on the same page at all times. Lack of communication before, during, or after an operation can result in the worst types of surgical errors – never events. Never events include wrong-site, wrong-patient, and wrong-procedure surgeries. These are events that should never happen in a safe surgical environment. Surgical teams should have measures and protocols in place to prevent miscommunications.

A surgeon’s carelessness or incompetence can result in serious errors during the operation. This can include accidentally nicking an artery or organ, opening the patient at the wrong site, or negligently leaving a surgical object or instrument behind in the body cavity. A surgeon should show up well versed on the patient and prepared for a procedure. Incompetence or negligence can mean life or death to someone on the operating table. Other staff members may also be liable for surgical errors if they contributed –for example, if a nurse doesn’t count the surgical sponges before and after a procedure, and therefore fails to notice that one is missing.

Upon completion of a surgery, the patient isn’t out of the woods. Post-operative care and treatment is just as important as prudence during the procedure itself. Hospital staff must clean and tend to the operation site and other patient needs to prevent complications such as infections. Proper hygiene during all stages of the surgery can help prevent infection, which is a major risk for surgical patients. Medication errors is another example of negligence during and after surgeries, that can cost a patient his or her life. Speak to an attorney for more information about when to sue a medical professional or facility for a surgical error.

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