Often, medical professionals remark how a “minor” surgery does not exist. A surgical procedure is a matter of seriousness, regardless of whether your appendix is being removed or you are undergoing a quadruple bypass. For any medical patient who undergoes surgery, their worst nightmare would be waking up to learn that there was an occurrence or error during surgery. However, does that always occur because the surgeon engaged in malpractice? No, not always! This article will help you understand what entails medical malpractice, in terms of surgical error.

WHAT IS MEDICAL MALPRACTICE?

It is important to note that a surgeon would not be liable for medical malpractice, merely because of a surgical error. Regardless of what kind the medical treatment is, it is necessary for medical professionals to comply with an accepted medical standard of care, and there exists sub-standard treatment, which would cause harm to the patient.

Simply put, in case the error does not come under the medical standard of care, or, alternatively, if no damage or harm was caused by it, it would not be considered malpractice.

Standard care is generally defined as “The type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.”

Typically, whenever a surgical error occurs, it is quite easy to determine whether the treatment provided by your surgeon was sub-standard. In case it is established that the standard of care was violated by the error, another crucial aspect to consider would be whether the error caused any harm to you.

WHAT IS A SURGICAL ERROR?

In simple words, a surgical error is a mistake that occurs during surgery, which is generally avoidable. There are risks involved with all surgeries. Therefore, you would be required to sign a particular form prior to your surgery, wherein you admit that you are aware of the risks attributed to your surgery. This is known as “informed consent” It is important to note that surgical errors are unexpected in nature, and are hence, not listed as the risks associated with surgery.

WHY DO SURGICAL ERRORS OCCUR?

Every surgery is different. Similarly, the type of surgical error that arises may be unique. However, there are a few common reasons that cause surgical errors:

• Incompetence – It is possible that your surgeon does not have the requisite skills and experience to successfully perform the surgery, as they did not perform this surgery a lot of times.
• Inadequate Preoperative Planning – A surgeon has to be completely prepared for the surgery. To ensure this, they must review, and be ready for any potential complications that may arise during the surgery. Moreover, they must prepare the nurses and assistants who will be involved in the process so that the equipment that is required for the surgery is ready.
• Incorrect Work Process – Sometimes, a few surgeons may make the mistake of deciding that certain steps can be skipped during the surgery, which can prove to be very dangerous.
• Poor Communication – Several critical errors arise due to miscommunication and the inability to properly communicate with each other. For instance, it is possible for a surgeon to mark the site of operation incorrectly or they may forget to ensure that the required medical equipment is ready. Often, information about a patient’s dosage is not communicated properly. All of these can cause severe consequences.
• Fatigue – This is another common issue. Surgeons are infamous for working long shifts, which causes fatigue. When individuals are tired, mistakes are more likely to occur.
• Drugs/Alcohol – Sometimes, in order to cope with work-based stress, surgeons may resort to the consumption of drugs and alcohol. Although it can be shocking to even think about the possibility of surgeons entering the operation room inebriated, it does happen.
• Neglect – In some cases, surgeons do not undertake all the necessary precautions, including failure to sterilize their surgical instruments properly. Sometimes, a few surgeons may also choose to use defective surgical equipment.

EXAMPLES OF SURGICAL ERRORS

There are several types of surgical errors, which are wide-ranging, such as:

• Causing injury to a nerve during the procedure.
• Anesthesia error – incorrect dosage of medication that must be administered, which can be too low or too high.
• Creating an incision at an incorrect location.
• Forgetting some equipment within the body of a patient, such as sponges or other instruments.
• Performing the operation on an incorrect part of the body.
• Performing the operation on the wrong patient.

CONSIDER TALKING TO AN EXPERIENCED LAWYER

In case you want to learn if a specific surgical error is considered to be medical malpractice, it is a good idea to get in touch with a lawyer whose specialization lies in medical malpractice. The complexity of these cases is very high, both in terms of legality and procedural perspective. Hiring an experienced lawyer specializing in medical malpractice can enhance your chances of success.