While every surgery carries inherent risks, “surgical errors” refer to preventable mistakes that fall below the accepted standard of care. These are “never events”—things that simply should not happen in a modern operating room. This category provides detailed information on common surgical mishaps, including wrong-site surgery, instruments left behind, and the high frequency of intra-operative nerve injuries (such as damage to the sciatic, radial, or phrenic nerves). We also discuss complications that arise from a surgeon’s lack of skill or the medical team’s failure to monitor the patient post-operatively for signs of internal bleeding or infection. If you have woken up from a procedure with new, unexplained pain or paralysis, these articles help you understand the legal difference between a “known complication” and a “surgical error.”
Recovering from a hysterectomy is supposed to be the start of a healthier chapter in your life, free from the pain or bleeding that necessitated the surgery in the first place. You expect some soreness and fatigue, but you do not expect to be constantly wet, leaking fluid that you can’t control, or suffering from unexplained, severe back pain.
A facial nerve injury refers to damage to the seventh cranial nerve, commonly known as the facial nerve. This nerve controls most of the muscles in the face and is responsible for expressions like smiling, blinking, and frowning. It also plays a role in speech, chewing, and tear and saliva production. When the facial nerve is injured, it can lead to partial or full paralysis, facial droop, involuntary muscle movements, or loss of taste on part of the tongue. The severity of the injury depends on how and where the nerve is damaged.
The phrenic nerve is a critical nerve in the body that controls the diaphragm, the primary muscle used for breathing. Injury to the phrenic nerve can occur during high-risk surgeries, or if medical professionals fail to take proper precautions. Without proper function of the phrenic nerve, the diaphragm may not work correctly, leading to breathing problems or even respiratory failure in severe cases.
Vocal cord paralysis is a serious condition that can profoundly impact a person’s ability to speak and breathe. While it is often the result of surgical errors, it can also be caused by other forms of medical malpractice, including improper intubation, delayed diagnosis of nerve damage, or adverse effects from certain medications. In some cases, medical providers fail to recognize or address complications that lead to permanent vocal cord impairment.
Sciatic nerve injuries are relatively rare but can have devastating consequences when they do occur. Estimates suggest that nerve injuries occur in approximately 0.2% to 2% of all surgical procedures involving the pelvis and lower extremities. However, the risk varies depending on the complexity of the procedure and the skill of the surgical team.
Radial nerve injuries during surgery are not very common, but they are a known risk. Research shows that about 1–3% of surgeries on the upper arm or shoulder may result in nerve damage. The chances of injury depend on factors like the complexity of the surgery and whether the patient has existing health issues, such as diabetes or nerve damage.
At Lupetin & Unatin, we are a medical malpractice law firm with a proven track record of handling cases involving femoral nerve injuries caused by surgical negligence. We understand the life-altering impact this type of injury can have—not only on the patient but also on their family.
Surgical fires occur when combustible materials in the surgical environment ignite. These fires can happen on or near the patient, on surgical instruments, or elsewhere in the OR. While rare, with an estimated 550 to 650 cases reported annually in the United States, the consequences are often catastrophic for those affected.
Artificial disc replacement surgery is a medical procedure designed to treat chronic back or neck pain caused by degenerative disc disease. In rare cases, medical negligence or malpractice can have catastrophic results including spinal cord injuries that severely impede the patient’s mobility and quality of life.
Gastroesophageal reflux disease (GERD) is a chronic condition that causes discomfort, inflammation, and, in severe cases, significant esophageal damage. For patients whose symptoms are not controlled by medication, surgical intervention like a Nissen Fundoplication can offer relief. However, while this procedure is often successful, it carries the risk of damage to the vagus nerve.
Foot drop occurs due to weakness or paralysis of the muscles that lift the foot, primarily the anterior tibialis muscle. This weakness or paralysis can be caused by damage or dysfunction of the nerves that control these muscles, particularly the peroneal nerve. Damage to this nerve can result from various conditions, including trauma, nerve compression, or medical procedures involving the spine and nerves.
Shockingly, the incidence of surgical items mistakenly left inside patients has remained steady over the years. UpToDate estimates that retained surgical items occur in 1 in every 5500 to 18,760 inpatient operations, but may be as high as 1 of every 1000 to 1500 abdominal cavity operations, and even more common during emergency surgery. When a surgical instrument or sponge is mistakenly left inside a patient after surgery, medical malpractice is inevitably the cause.
