SURGERY MALPRACTICE: A Primer by Attorney Charles Jerome Ware

The national general practice law firm of Charles Jerome Ware, P.A. is a premier medical malpractice firm: "Still working. Still committed. Still here to make a difference."
What is "surgery malpractice"?

First of all, be aware that the very nature of surgery itself carries a number of risks.  The patient should be informed of these risks prior to the surgery.

Surgery malpractice, in brief, is basically and act or omission by a physician/surgeon which deviates from the normally accepted medical/surgery standard of care.  When a patient is injured because of this surgical deviation, the patient may seek to recover monetary damages for his or her injuries resulting from the surgery malpractice.

As required in other medical negligence cases, there must be a duty by the surgeon to the victim.  The physician/surgeon has a duty to the patient to practice medicine and perform the surgery competently.

It should be noted that, generally "medical negligence" (which includes the category of "surgery malpractice") may be committed by any medical provider including a doctor, nurse, surgeon, dentist or other medical professional.

Five of the most common surgical mistakes currently are:

(1) Wrong site surgery, which occurs when a patient's surgery is performed on the wrong body part or organ -- there are a fair number of instances in which patients had the wrong limb amputated.

(2) Wrong patient surgery, while not as common as wrong site surgery, has still been known to occur. A patient is subjected to an unneeded surgery, along with all the complications that accompany surgery, and may have lasting negative consequences.

(3) The use of unsanitary surgical instruments during surgery can lead to cross-contamination of disease. If the patient is already suffering from a compromised immune system, the results can be deadly. And it's more common than you might think for surgical instruments to be left inside the body after incisions have been sutured. While some hospitals require that all surgical instruments, sponges, gauze, etc. be counted before and after the surgery, not all do. Serious complications and infection can arise from a surgical instrument being left inside the body.

(4) Damage to organs and tissue. During a particular surgery, a neighboring organ can be accidentally perforated or punctured with a scalpel, scissors, or laser. Organ tissue is particularly delicate and such an occurrence can lead to severe and lasting health issues.

(5) Nerve damage. A surgeon's physical error or a mistake in the administration of anesthesia can cause the patient to suffer nerve damage.

A surgical mistake can cause huge medical bills, and may necessitate corrective follow-up procedures which can require the patient to take time off work (and thus lose wages.) In some cases, the patient's physical health may not be the same as it was before the surgical error, and may never be. Filing a medical malpractice suit is a legal remedy that seeks to make the patient whole again, but it's a complex process both from a legal and medical standpoint, so it's best to discuss each situation with an experienced medical malpractice attorney.

[see, Understanding the Law: A Primer, by Attorney Charles Jerome Ware, iUniverse (2008); Chapter 2, "Medical Malpractice", Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States, by Charles Jerome Ware, iUniverse (2011); "Common Surgical Mistakes", by David Goguen, JD, http://www.medicalmalpractice.com/resources/medical-malpractice/surgery-malpractice; "Surgery Negligence Claims," by Julie Glynn, www.ideamarketers.com (2011); "A Few Highlights of Surgery Negligence Claims", by Morgan Bailey, ezinearticles.com (2010); www.surgerymalpractice.com]