Surgical Errors: Can You Sue for a Mistake During Surgery?



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Surgical errors can lead to severe harm. Learn the common causes of surgical mistakes, your legal options, and how to sue for medical malpractice.

Surgery is supposed to help you heal—but when a mistake happens in the operating room, the results can be devastating. If you’ve suffered due to a surgical error, you may have the right to file a medical malpractice lawsuit.

Here’s what you need to know.


1. What Counts as a Surgical Error?

Surgical errors go beyond ordinary risks. Common examples include:

  • Operating on the wrong body part
  • Leaving instruments inside the patient
  • Performing the wrong procedure
  • Anesthesia mistakes
  • Post-surgical infections caused by negligence

These are considered preventable mistakes, not normal complications.


2. Why Do Surgical Errors Happen?

Surgical mistakes often occur due to:

  • Fatigue or lack of focus
  • Poor communication among medical staff
  • Inadequate pre-surgery planning
  • Defective equipment
  • Understaffed hospitals

💡 Tip: If the error was due to negligence, you likely have a strong case.


3. Do You Have a Malpractice Claim?

To sue successfully, you must prove:

  • The surgeon or hospital owed you a duty of care
  • They breached that duty through negligence
  • You suffered harm and damages as a result

Evidence like medical records, surgical reports, and expert testimony will be key.


4. What Compensation Can You Get?

A malpractice claim may include damages for:

  • Additional medical bills
  • Lost income
  • Pain and suffering
  • Permanent disability
  • Wrongful death (if applicable)

5. How a Lawyer Helps You Win

Malpractice cases are complex and expensive. A lawyer can:

  • Hire medical experts
  • Gather and analyze surgical records
  • Negotiate aggressively with hospital lawyers
  • Take your case to court if needed

Most attorneys work on contingency fees, meaning you pay nothing unless you win.


🟦 Think You’re a Victim of a Surgical Error?
Don’t wait—time limits apply. Speak to a malpractice lawyer now.
👉 [Get a Free Legal Consultation Today]