Surgical Error Claims

Speir Buchan understand the devastating impact of negligence surgical errors and fatal medical mistakes. Surgical errors can shatter lives in an instant, leaving victims with severe injuries, lifelong disabilities, or even death.  

What are negligent surgical errors?

A surgical error refers to a mistake or oversight made by a surgeon or surgical team during a medical procedure. These errors can range from minor mistakes to serious complications that may result in harm to the patient. Some examples of surgical errors include:

  • Wrong-site surgery: Operating on the wrong part of the body.
  • Incorrect incisions: Making cuts in the wrong location or in a way that causes unnecessary damage.
  • Organ perforation or nerve damage: Accidentally puncturing or damaging organs or tissues that were not intended to be operated on. Unintended damage to arteries, nerves or other internal organs.
  • Leaving surgical instruments or materials inside the body: Such as sponges, needles, or even parts of medical equipment.
  • Nerve damage: Accidentally damaging nerves during surgery, which can lead to pain, numbness, or loss of function.
  • Post-operative complications: Inadequate post-operative care or failure to recognise and manage complications that arise after surgery. Inadequate postoperative monitoring and care can lead to complications such as infections, blood clots, or delayed recovery. Failure to monitor a patient’s heart rate and breathing (both during and after surgery).
  • Anaesthesia Errors: Improper administration of anaesthesia can lead to serious complications, including brain damage or cardiac arrest.
  • Wrong-Site Surgeries: Operating on the wrong body part or performing the wrong procedure can result in unnecessary harm and irreversible damage.
  • Excessive or unnecessary surgery: Performing unnecessary or overly extensive surgery
  • Surgical Instrument Errors: Leaving surgical instruments inside a patient's body or using defective equipment can cause infections, organ damage, and other complications.
  • Sub-standard surgery: focusing on the competency of the surgeon and their decisions.

Surgical errors can have serious consequences for patients, including prolonged recovery times, additional medical procedures, permanent injury, or even death. 

When am I most likely to experience surgical error?

A person is most likely to experience a negligence surgical mistake in a medical procedure where there is a failure by the medical professionals involved to meet the standard of care expected in that particular procedure. This could happen in various types of surgeries, including but not limited to:

  • Orthopaedic Surgeries: Such as joint replacements, spinal surgeries, or fracture repairs.
  • Cardiac Surgeries: Like bypass surgeries or heart valve replacements.
  • Neurosurgery: Procedures involving the brain or spinal cord, such as tumour removal or spinal fusion.
  • Gastrointestinal Surgeries: Such as gastric bypass or colorectal surgeries.
  • Obstetric and Gynaecological Surgeries: Including caesarean sections, hysterectomies, or tubal ligations.
  • Cosmetic Surgeries: Procedures like breast augmentation, liposuction, or facelifts.

Negligence in surgical procedures can lead to various complications, ranging from minor issues to severe, life-threatening consequences. These mistakes can include errors in anaesthesia administration, wrong-site surgery, surgical instrument left inside the body, improper surgical technique, or failure to adequately monitor the patient during and after the surgery

What are the causes of surgical negligence?

Surgical negligence can be caused by a variety of factors, including:

  • Human Error: Surgeons, anaesthesiologists, nurses, and other healthcare professionals are all human and can make mistakes. These errors may include miscommunication, fatigue, lack of concentration, or inadequate training.
  • Lack of Communication: Poor communication among members of the surgical team can lead to misunderstandings, wrong-site surgeries, or other preventable errors.
  • Fatigue and Stress: Healthcare professionals working long hours under high-pressure conditions may experience fatigue and stress, which can impair their judgment and performance in the operating room.
  • Inadequate Preoperative Planning: Failure to properly plan and prepare for surgery, including reviewing patient medical records, obtaining informed consent, and ensuring the availability of necessary equipment and personnel, can increase the risk of surgical errors.
  • Equipment Failure: Malfunctioning surgical equipment or inadequate maintenance of surgical tools and machinery can contribute to surgical errors.
  • Poor Training and Supervision: Inadequate training or supervision of medical personnel, including surgeons, residents, and nurses, can result in errors during surgery.
  • Inadequate Follow-up Care: Failure to provide appropriate postoperative care, including monitoring for complications and managing pain, can lead to adverse outcomes for patients.
  • Lack of Standard Operating Procedures: Hospitals and surgical facilities may lack standardised protocols and procedures for ensuring patient safety during surgery, increasing the risk of errors.
  • Substance Abuse: Substance abuse among healthcare professionals can impair their ability to perform surgeries safely and effectively.
  • Neglecting Patient Information: Failure to thoroughly review patient medical history, allergies, and other relevant information can lead to surgical complications or adverse reactions to anaesthesia or medications.

Why pursue a Personal Injury Claim?

  • Financial Compensation: Medical negligence can result in substantial medical expenses, ongoing costs, and loss of income. A personal injury claim can help you secure the financial compensation needed to cover these expenses and ensure a stable future.
  • Rehabilitation and Support: Recovering often requires extensive rehabilitation and ongoing support. A successful personal injury claim can provide the resources necessary for specialised treatments, therapy, and assistance to enhance your recovery process.
  • Holding Responsible Parties Accountable: By pursuing a personal injury claim, you not only seek compensation but also hold those responsible for the negligence accountable. The claim can also help prevent similar incidents from occurring in the future.
  • Quality of Life Improvements: Compensation from a personal injury claim can enable you to access the best available medical care, support services, and medical technologies.

A compensation can cover

  • Loss of earnings and pension arising due to the negligence
  • Costs of treatment, therapies and equipment
  • Ongoing care costs
  • Lifestyle changes to accommodate injury
  • Physical and psychological conditions arising from negligence

Compensation Routes

We offer a free initial consultation to evaluate your case and discuss your legal options. Our solicitors understand the complex and long-lasting challenges posed by injury that was not your fault. Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time.

There are time scales and you should contact us as soon as possible to investigate an action for you.

Contact Us

Get in touch, we are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the compensation you deserve.

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Discuss Your Case

Are you are seeking legal representation for "No Win No fee" complex litigation matters? Speir Buchan is your trusted partner, specialising in: Medical Negligence, Workplace Accidents, MOD (Ministry of Defence) Claims and Road Traffic Accidents.