Category:

Surgical Errors

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.”

Retained Surgical Items Often the Result of Medical Malpractice

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.

Permanent Nerve Damage Due To Botched Saphenous Vein Harvest

During a procedure to perform an endoscopic vein harvest of a patient’s saphenous vein, an inexperienced PA mistakenly removed a large portion of the patient’s saphenous nerve instead of the vein, causing permanent and avoidable nerve injury in his leg as a result of the physician’s assistant failing to follow the standard procedure for vein harvesting.

Laparoscopic Cholecystectomy and Increased Risk of Bile Duct Injury

An injury to the bile duct occurring during the course of a laparoscopic cholecystectomy, which injury results in recurring problems with the potential for permanent liver damage should be considered a case of possible medical negligence until proven otherwise. In general, when appropriate surgical safeguards are employed in the performance of a laparoscopic cholecystectomy there is no unintended injury to the bile ducts. Unintended injury to the bile ducts when it occurs is often a result of doctors having failed to employ those safeguards deemed appropriate for the performance of such a procedure.

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