Surgical Error

Surgical errors are unfortunately common. When they happen, the resulting injuries and consequences can be devastating. Whether you or a loved one experienced an anesthesia error, severe infection, or surgery on the wrong part of your body, you could be entitled to compensation related to your surgical procedure.

The surgical error attorneys at Rosenfeld Injury Lawyers have helped build strong surgical error cases and recovered million-dollar settlements for our clients.

Does a Surgical Error Constitute Medical Malpractice?

Surgical errors are a common type of medical malpractice in Chicago. When a medical team is negligent or deviates from providing reasonable care to patients, they can be held liable for the medical bills, pain and suffering, and other losses.

Most malpractice claims require healthcare providers to put a patient at risk due to this negligence. Simply not achieving the desired outcome of surgical procedures isn’t enough.

How Common Are Surgical Errors?

Surgical errors can have serious consequences for patients, yet errors continue to happen every day. Some important things to know about the prevalence of surgical errors:

• A whistleblower reported a Chicago area hospital to the Illinois Department of Public Health due to the deaths of 13 patients linked to errors and neglect [1].
• Wrong-site surgeries account for 6% of patient safety events that result in harm or even death [2].
• 22.5% of surgical residents admit to committing a surgical near-miss medical error [3].
• There are approximately 12,000 deaths a year caused by unnecessary surgery [4].
• 4,000+ surgical errors take place in the United States each year [5].
• Medical errors cost Americans $20 billion each year [6].
• 67% of surgical errors are not reported directly from the healthcare facility to patients [6].

Common Surgical Errors in Medical Malpractice Cases

Surgical errors are incredibly common, and many organizations have procedures in place to prevent them. This includes placing a physical mark on the body part where the surgery will be performed, asking patients over and over again to verify their name and the procedure they’re undergoing, and taking steps to improve communication between different providers.

Thus far, these steps have not been enough to prevent surgical errors from happening. If you or a loved one have fallen victim to one of these common mistakes, you should discuss your case with a Chicago medical malpractice lawyer.

Surgical Errors in the Operating Room

Some common errors that occur in the operating room include:

• Catheter injuries – Catheters play an important role during many surgeries. However, an improperly placed catheter can cause significant injuries.
• Anesthesia errors – Anesthesia errors often occur when anesthesiologists administer too much or too little anesthesia or if they fail to closely monitor a patient’s vital signs. In these cases, a Chicago anesthesia error lawyer can help build a case against the anesthesiologist, dentist, or hospital for their mistake.
• Improper administration of medications – Medication errors represent a very common form of surgical error. A Chicago medication error lawyer can use your medical records and consult with experts to build your case.

Surgical Errors Outside the Operating Room

Some common errors related to surgery that occur outside of the OR include:

• Post-operative negligence – Medical professionals have an obligation to provide adequate care, guidance, and supervision after surgery. If you suffer injuries because your medical care team neglected to provide you with adequate care after your surgery, it may be possible to hold them liable.
• Improper sterilization of instruments – Improperly sterilized instruments can lead to serious infections and even death.
• Failure to diagnose – If your medical team fails to diagnose the symptoms of complications after surgery, they can be held accountable.
• Avoidable infections – Infections are one of the most serious surgical complications. Certain types of infections are considered avoidable with proper care and post-surgical treatment.

Surgical Never Events

Some situations are considered surgical “never events” and should never occur under any circumstance [7]. These include:

• Retained foreign body – Retained foreign objects are surgical tools or surgical instruments left behind inside the body. Leaving surgical tools behind is one of the most grave surgical mistakes that should never happen. A surgical instrument inside a surgical site can cause dangerous infections, excessive bleeding, and organ perforation. It is one of the surest signs of surgical malpractice.
• Wrong site surgery – Wrong site errors arise when the right procedure is performed in the wrong location or the wrong body part. For example, surgery is accidentally performed on the left arm when the patient needs surgery on the right arm.
• Wrong patient surgery – Wrong patient errors take place when surgery is performed on the wrong patient. This can sometimes happen due to communication errors after patients are placed in pre-op.
• Wrong procedure operations – This preventable surgical error occurs when the wrong surgical procedure is performed on a patient. The wrong surgery causes them further injuries or even death. For example, a patient enters the operating room for a heart valve replacement but ends up with a leg amputation.

Hospital ORs and outpatient surgery centers should have proper procedures in place to protect a patient’s health and prevent serious harm. Despite these, common surgical errors still occur and cause serious injury.

Unfortunately, some patients experience these mistakes and do not survive them. If your loved one dies as the result of one of these surgical never events, contact Chicago wrongful death attorneys to see what you can do to hold the negligent surgeon responsible.

Can You Sue for Surgery Complications in Chicago?

Whether you can sue for surgery complications in Chicago depends on the circumstances of your individual case. Surgical procedures have inherent risks, no matter which medical professional performs them. For this reason, you cannot sue medical professionals just because the outcome of a surgical procedure isn’t what you hoped for.

Generally, you need to be able to show how the surgical error was the result of negligence. Some types of surgical errors, such as wrong site surgery, are obvious negligence. Otherwise, your medical malpractice lawyers will need to show how the surgical error deviated from the standard duty of care other medical professionals would have adhered to.

What to Do If You’ve Suffered Surgical Malpractice

To file a medical malpractice claim after suffering a serious injury from surgical mistakes, you will need to build a strong case.

Document Everything

Start by documenting everything you can about the surgical procedure you had and the serious injuries you suffered. Gather copies of your medical records and take photos of your injuries. This evidence you are able to create and find will be an invaluable asset for your surgical error lawyer when it comes to investigating your case.

Seek Independent Medical Treatment

Medical professionals generally won’t admit when they’ve made surgical mistakes. They don’t want to be held liable for their actions. If you bring your suspicions to the medical professionals involved with your surgical team, it might be impossible to get an honest, objective answer.

Find independent medical treatment outside of your existing surgical team. Get a second and third opinion. Request written documentation related to their assessments and recommendations based on your current serious injuries.

Since the state of Illinois requires medical malpractice cases to get an Affidavit of Merit from other medical professionals to move forward, seeking independent advice from another medical team can help you determine if you have a case [8].

Contact a Chicago Surgical Error Attorney

After you’ve gathered some basic evidence for your case and sought out independent medical advice, it is time to schedule a free consultation with medical malpractice lawyers who have experience with surgical errors, like the team at Rosenfeld Injury Lawyers. During our first meeting, we’ll review your case and make recommendations for next steps.

Damages Our Chicago Surgical Error Attorneys Can You Help You Recover

There are two primary types of damages we can help you recover in cases involving medical errors.

Economic Damages

Economic damages are based on monetary losses. How much we request directly relates to how much you’ve spent or will spend based on the serious injuries you suffered. This often includes past and future medical bills, lost wages, mental health counseling, and rehabilitation costs.

Non-Economic Damages

The other types of damage found in most medical malpractice claims are non-economic damages. These are losses that are not based on tangible losses but are based on other factors such as pain or trauma. The court uses calculations to assess how much compensation is fair. Common non-economic damages are pain and suffering, permanent disability, scarring, emotional trauma, and loss of society.

Factors Affecting Surgical Error Claim Amounts

While no one can accurately predict how much a civil lawsuit will settle for, there are certain factors that have been known to have an impact on the settlement amount. Your lawyer can give you more guidance based on what similar cases have been settled for in your jurisdiction.

The type of surgery you had may have an impact on settlement size. Hip and knee joint replacement surgeries tend to settle for higher amounts than c-section and cataract surgery complications [8]. Additionally, spinal cord decompression complications settle for higher than tonsil and adenoid removal complications.

The extent of your injuries will also impact your settlement. Cases involving more catastrophic injuries often settle for higher amounts than cases with fully recoverable injuries.

How Long Do I Have to File a Surgical Error Lawsuit?

The statute of limitations for a medical malpractice claim in Illinois is two years from the date of injury. However, it may take time for you to realize your healthcare providers made a surgical mistake. For this reason, it is possible for the statute of limitations to start when you find out about the medical error or when a reasonable person should have known.

If you suffered from a surgical error in the past several years, it is a good idea to set up a free case review with a Chicago surgical errors attorney. During your free consultation, you can see how the statute of limitations may apply in your case and decide whether you should move forward with your medical malpractice lawsuit.

Are Chicago Surgical Error Lawyers Expensive?

Hiring a Chicago surgical error lawyer is not expensive. The surgical errors lawyers at Rosenfeld Injury Lawyers work on a contingency fee basis. In short, we don’t get paid unless you do.

After your free case evaluation, our team works on your case at no expense to you. When we recover compensation for your injuries, we deduct a set percentage of the resulting settlement. You do not need to come up with anything to pay for our services out of your own pockets.

Choose Rosenfeld Injury Lawyers for Your Surgical Error Case

When it comes to winning any medical malpractice claim, experience matters. Having highly experienced Chicago surgical mistake attorneys on your side can make it easier to build a stronger case, navigate a complex civil court system, and handle negotiations.

Rosenfeld Injury Lawyers has helped our clients recover millions of dollars in settlements and jury awards. We work on a contingency fee basis, so paying for legal services upfront should never prevent you from getting the justice you deserve.

Contact our Chicago surgical error lawyers for a free initial consultation by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24 hours a day to help you get started.

Specific Cases We Handle

• Anesthesia Error Lawyer
• Botched Circumcision Lawsuit
• Doctor Sexual Abuse Lawyer
• Chicago Emergency Room Negligence Lawyer
• Chicago Hospital Patient Fall Lawsuit

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Chicago, Evanston, Naperville, Schaumburg and throughout Illinois.

Resources: [1] WTTW, [2] American College of Surgeons, [3] National Library of Medicine, [4] AMA Journal of Ethics, [5] StatPearls, [6] Etactics, [7] Journal of Vascular Surgery, [8] Patient Safety in Surgery

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.