Surgical Errors
As a Medical Negligence team at Advantage Solicitors, we have experienced solicitors who specialise in clinical negligence claims, including surgical errors. Our team handles a wide range of medical negligence matters.
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Surgical Error Claims
Having represented many clients that have been subjected to surgical errors we understand and and sympathy with the severe physical, emotional, and financial consequences suffered. These errors can typically happen during the preparation, performance, or aftercare of a surgical procedure, and may involve a range of mistakes, from improper technique to inadequate post-operative care.
We have listed below some examples:
Wrong Site Surgery (WSSE)
This occurs when surgery is performed on the wrong part of the body. It is one of the most shocking types of surgical errors, as it involves a complete failure to identify the correct surgical site. This can happen due to poor communication between the surgical team, lack of verification protocols, or incorrect patient identification.
Example: a doctors remains the right kidney as opposed to the left.
Wrong Procedure Surgery
This error involves performing the incorrect procedure on the patient. It may occur if the surgeon misinterprets the medical diagnosis, leading to unnecessary or harmful surgical intervention.
Examples: performing an appendectomy on a patient who doesn’t have appendicitis.
Anesthesia Errors
Anesthesia errors are common in surgical negligence claims. Problems with administering anesthesia can lead to significant complications, including brain damage, comas, or even death.
Examples: Administering too much or too little anesthesia, failing to monitor anesthesia levels properly, or allergic reactions due to poor history taking.
Infection Due to Negligence
Infections are a significant risk in surgery. While some level of infection is expected, negligent behaviors can result in severe or widespread infections. These errors can arise from improper sterilization of surgical tools or failing to observe proper hygiene practices.
Examples: Failing to properly sterilize surgical equipment, improper wound care after surgery, or lack of infection control procedures.
Surgical Instrument Left Inside the Patient
Leaving surgical tools, sponges, or other equipment inside a patient’s body is a highly serious error. This can occur when the surgical team fails to adequately count and track instruments during or after the procedure.
Examples: Leaving a surgical sponge inside a patient’s abdomen, or forgetting a needle during a procedure.
Nerve Damage or Injury
During surgery, the surgical team may inadvertently damage nerves, leading to paralysis, numbness, or loss of function. Some nerves are more prone to injury, and while nerve damage can sometimes be unavoidable, negligence in technique or planning can lead to permanent injury.
Examples: Cutting or damaging nerves during surgery due to lack of experience, improper technique, or failing to review imaging beforehand.
Failure to Monitor the Patient Post-Surgery
Post-operative care is crucial in ensuring that the surgery is successful. Failing to properly monitor vital signs, treat post-surgical complications, or follow up with necessary tests can result in serious injury or death.
Examples: Failing to monitor a patient’s heart rate, blood pressure, or oxygen levels following surgery, or not detecting a blood clot or infection in time.
Legal Aspects of Surgical Errors in Medical Negligence
In order to successfully claim medical negligence related to surgical errors, several elements must be proven:
Duty of Care
The surgeon or medical professional involved in the surgery has a legal duty to provide the patient with an acceptable standard of care. This includes pre-operative counseling, performing the procedure competently, and providing adequate post-operative care.
Breach of Duty
A surgical error is considered a breach of duty if the surgeon or other medical professional fails to meet the standard of care expected from someone with their skills and training. This may include errors such as performing the wrong procedure, using outdated equipment, or failing to follow protocols.
Causation
To prove negligence, it must be shown that the surgical error directly caused harm to the patient. This can involve demonstrating that the error led to complications that were preventable or worsened the patient’s condition.
Damages
The patient must show that the surgical error resulted in significant harm or loss. This can include physical injury, emotional distress, pain and suffering, additional medical costs, and loss of quality of life.
Concerned About a Surgical Error?
If you believe you have suffered from an surgical error, or are unsure whether your experience qualifies, please use the form below to contact us. Our medical negligence team will get back to you shortly.
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