Do Surgical Errors Constitute a Form of Medical Malpractice?

 Posted on December 22, 2023 in Personal Injury

When someone undergoes a surgical operation, the standard of care that is expected amongst the healthcare professionals involved in the operation is that of a very high level. When healthcare providers fail to provide the high standard of care expected, the patient can experience harm. Among the various types of medical malpractice, surgical errors are especially concerning. These errors can have catastrophic consequences on one’s life, leading to physical, emotional, and financial distress for the patient and their family.

If you or a loved one has experienced a surgical error, you should contact a lawyer, as you may have a viable injury case. In Illinois, injured people have two-years from the accident date to bring a claim, so do not wait.

Defining Surgical Errors

Surgical errors encompass a wide range of mistakes that occur during surgical procedures. These can include wrong-site injury, incorrect incisions, leaving surgical instruments inside the patient, anesthesia errors, and many others. While not all surgical errors automatically constitute medical malpractice, they can be indicative of negligence or a breach of the standard of care.

Relevant Elements in a Medical Malpractice Case

To establish a case of medical malpractice, certain elements must be proven:

1. It must be established that a doctor-patient relationship exists.

2. It must be demonstrated that the surgeon breached the standard of care, meaning they failed to provide adequate skill and care that a competent surgeon would have been expected to deliver in similar circumstances.

3. It must be shown that the patient suffered damages because of the surgical error.

Proving Medical Malpractice is No Small Endeavor 

Testimony from various medical professionals may be required to establish the standard of care and demonstrate how the surgeon deviated from it. Medical records, witness statements, and additional evidence may also be required to prove causation and damages. Like any medical malpractice case, your attorney will be an invaluable guide to ensure you gather the necessary evidence to build as strong a case as possible.

Contact an Arlington Heights, IL Medical Malpractice Lawyer Today

Surgical errors can indeed constitute a form of medical malpractice if they meet the necessary elements of negligence, breach of standard of care, causation, and damages. If you or a loved one are suffering from errors suffered on the operating table, our skilled Cook County, IL medical malpractice attorneys at Dickler, Kahn, Slowikowski & Zavell, Ltd. can help you pursue a case. Contact us at 847-593-5595 for a private consultation today.