(Last Updated on: March 8, 2024 )

Can You Sue if Surgery Goes Wrong?

Surgeries are intended to heal the patient and correct whatever injury or medical condition they are already dealing with. But what happens if a surgeon or member of the medical team makes an error during the surgery? The results can cause serious injury and can even place the patient’s life in danger. 

best law firmsIn such cases, the patient may require additional treatments and medical care to correct the surgical error. All of this can be extremely painful, frustrating, and financially costly. A lawsuit may be the best way to ensure that the patient is fully compensated for the additional challenges the surgical error caused. 

If you or a loved one were harmed due to a surgical error, it may be in your best interests to pursue legal action to compensate you for your losses. At Hodes Milman, we have a long history of returning favorable results in surgical error and medical malpractice cases. Contact us at (949) 640-8222 to schedule a free consultation to discuss your claim. 

How Much Can You Sue for Botched Surgery Issues?

Injuries resulting from a botched surgery or surgery errors can create additional challenges and financial hardships for the patient. A surgery error lawsuit can provide the compensation needed to help the patient recover. Compensation may help with: 

  • Medical expenses: These can include costs of the surgery, medications, therapy, and other expenses.
  • Lost wages: If the injury prevented you from working, you may be able to recover for lost income amounts.
  • Costs of revision surgery: Revision surgery may be needed to correct any issues caused by the error. This adds to the overall medical expenses, but a lawsuit can help cover the costs.
  • Future medical care expenses: Financial compensation may also help pay for ongoing treatments, future therapy, and costs of rehabilitation. 
  • Pain and suffering: Financial assistance from a lawsuit can provide compensation for any pain or suffering experienced as a result of the surgical error. 
  • Emotional distress: Compensation may also address any emotional distress the patient has undergone. This is common in cases where the surgery error was in relation to cosmetic or aesthetic purposes. 
  • Loss of enjoyment of life: A lawsuit can help compensate a person if they are unable to enjoy or experience their life as they had before the surgery error. 

If a patient passes away as a result of a surgery error, it can be devastating for the family and survivors. In such cases, the patient’s family may pursue a wrongful death lawsuit and be awarded compensation for burial expenses and other costs. 

Calculation of damages in a surgery error lawsuit can be complex and will depend on many factors. These include the severity of the injuries, the degree of negligence, and even the experience of the attorney handling the case. Thus, it’s important to hire a lawyer who has specific experience in litigating surgery error claims. 

Dealing with a surgery error can be frustrating, especially knowing that such errors could have been prevented with the proper care. If you were injured due to a surgery error, you may be entitled to compensation for your losses. Contact a qualified lawyer at (949) 640-8222 who can guide you through the legal process and argue for the proper remedy on your behalf. 

What Happens if a Surgeon Makes a Mistake?

When a surgeon makes a mistake, it can cause great injury, pain, and hardship for the patient. Instead of helping the patient to recover from their existing injury, the surgery error creates additional injuries or conditions that the patient must now deal with. In many cases, revision or corrective surgery may be needed to correct the error.

If a surgeon makes a mistake during a procedure, it may potentially result in a case of medical malpractice. In order for any type of surgical error to be deemed malpractice, the following criteria must be proven

  • The surgeon or medical personnel performing the surgery must fail to follow the relevant standard of care; and
  • The failure must be the actual cause of the patient’s harm 

An example of this is where a surgeon fails to follow the proper procedures for removing medical implements from the body, and such failure caused an infection injury in the patient. 

For purposes of surgery error lawsuits, the “standard of care” refers to the level of care that a “reasonably prudent health care professional” with similar experience and training would exercise under similar circumstances.

“Errors” are defined as mistakes that could have been prevented had the surgeon followed the applicable standard of care. 

If you were injured in the course of a surgery, and are wondering whether you should pursue a lawsuit, a medical malpractice lawyer can help determine your legal rights.

Can You Sue for Surgery Complications?

A surgical complication refers to any undesirable or unexpected result of an operation that affects the patient negatively. In some cases, complications can occur due to reasons outside of anyone’s control, such as a stroke following a surgery. 

However, in some instances, complications can be the direct result of a surgeon’s negligence, such as when the surgeon fails to follow proper post-operation procedures. In these types of cases, where the complication is traceable to the negligence of a surgeon, medical professional, or hospital, it may be possible to sue for compensation. 

Other common types of surgical complications include infection, sepsis, shock, blood clotting, or reactions to medications/anesthesia. If you or a loved one were affected by a surgery complication, and you believe it was due to the surgeon’s negligence, you may be entitled to compensation. Contact one of our lawyers at (949) 640-8222 to review your claim. 

Types of Surgical Errors – Surgical Malpractice Examples

Surgery errors can take many forms and may involve various steps throughout the surgery. Some may even occur during the preparatory or diagnosis stages, not just during the actual surgery itself. Some common surgery errors include: 

  • Nerve injury or nerve damage: Cutting or severing a nerve during the procedure
  • Anesthesia-related errors: Errors related to the administration of anesthesia
  • Wrong body part: Operating on the wrong body part
  • Wrong location:  Performing surgery on the wrong area of the patient’s body
  • Foreign object errors: Leaving sponges, gauze, medical instruments, or other items inside the patient’s body
  • Perforation errors: Accidentally perforating or rupturing an organ or tissue

There are many other types of surgery errors that can occur. Common reasons for surgical errors may include: 

  • Preparation issues: Errors can occur if the surgery team is not properly prepared or debriefed prior to the procedure
  • Communication errors: Lack of communication or unclear communication between surgery team members can result in an error
  • Lack of Experience: A surgeon’s lack of experience or skill can be a contributing factor in the surgery. Failing to seek the appropriate guidance or assistance can also contribute 
  • Fatigue or distracted: If a surgeon is fatigued, exhausted, or mentally distracted during the procedure, they may be likely to commit an error
  • Improper equipment: Surgery errors can result from using the wrong equipment or from using faulty or defective medical devices
  • Medical record issues: Issues related to the patient’s medical record may be the source of a surgical error 

Lastly, some medical malpractice cases can involve multiple surgery errors in one case, and several persons or parties may be liable for an error. Again, these are complex matters that are best handled through the assistance of a qualified surgery error lawyer.

Contact a Surgery Error Lawyer

Surgeries are an important part of medical treatment, but they must be performed properly and safely. Any type of error or mistake in connection with a surgery can lead to serious, life-altering injuries to the patient. 

Surgery errors can create substantial hardships for the patient and their family. Pursuing legal action for compensation may be the ideal way to ensure that the patient receives the proper remedy under the law.

If you or a loved one need assistance with a surgery error lawsuit, the legal team at Hodes Milman can provide you with the guidance needed. Our lawyers have a proven track record of returning significant results on behalf of our medical malpractice clients. Contact us at (949) 640-8222 to set up a free consultation to review your legal rights and options.

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Contact us if you have specific questions on the matter or if you’d like to schedule a free consultation.




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team