Whether minor or complex, undergoing surgery is a significant event in anyone’s life. You trust that the surgical team will perform their duties skillfully, cautiously, and professionally. Unfortunately, that trust is sometimes broken. Surgical errors are among the most serious forms of medical malpractice and can lead to lasting harm or even death. In Virginia, patients harmed by these mistakes have legal rights, but understanding what qualifies as a surgical error and what consequences may follow is key to pursuing a claim.
What Are Surgical Errors?
Surgical errors go beyond expected complications or poor outcomes. They are preventable mistakes that occur during surgery due to negligence, lack of communication, or system failures. These errors often fall under the broader category of medical malpractice and typically result from a breach in the standard of care.
Common Types of Surgical Errors
Surgical errors can take many forms, but some of the most common include:
Wrong-Site Surgery
Performing surgery on the wrong part of the body, or even the wrong patient, is a shocking but documented issue. These mistakes are often due to communication breakdowns or improper charting.
Retained Surgical Instruments
Leaving tools, such as sponges, clamps, or scissors, inside a patient’s body after surgery can lead to serious infections, organ damage, or additional surgeries.
Anesthesia Errors
Mistakes in administering anesthesia can lead to oxygen deprivation, brain injury, or awareness during surgery. These errors are particularly dangerous and often preventable with proper monitoring.
Infections Due To Poor Hygiene
Failure to maintain a sterile environment can introduce bacteria into the body, leading to post-operative infections and complications.
Nerve or Organ Damage
Carelessness during surgery can result in unintended damage to nearby nerves or organs, which can lead to permanent disability or require further procedures to correct.
Performing the Wrong Procedure
In some cases, a patient may undergo an entirely different procedure than intended, especially if protocols are not strictly followed.
Legal Consequences for Surgical Errors in Virginia
In Virginia, medical malpractice claims—including those involving surgical errors—are governed by specific laws that outline how and when you can pursue legal action.
The Standard of Care
To prove malpractice, the patient must show that the surgeon or surgical team failed to meet the accepted standard of care for their profession. This typically involves expert testimony from another medical professional in the same field.
Causation and Damages
You must also show that the error directly caused your injury and led to measurable harm, such as additional medical expenses, loss of income, pain and suffering, or long-term disability.
Statute of Limitations
In Virginia, you generally have two years from the date of the surgical error to file a malpractice claim. However, there are limited exceptions—for instance, if a foreign object was left in your body, the clock may not start ticking until it is discovered.
What to Do If You Suspect a Surgical Error
Discovering a complication after surgery can be confusing and alarming, especially if your doctors aren’t giving you clear answers. Whether you’re dealing with unexpected pain, complications, or a lack of answers from your healthcare provider, taking prompt action is crucial. If you suspect a surgical error, here are a few important steps to protect your health and your legal rights:
- Seek medical attention immediately to address any complications.
- Request copies of your medical records for documentation.
- Consult a medical malpractice attorney to evaluate your case and determine if negligence occurred.
Contact Hollingsworth Law Today
If you or a loved one has been harmed by a surgical mistake, Hollingsworth Law is here to help. We can walk you through your legal options and fight to secure the compensation you deserve. Schedule a free consultation today to get started.