The Cassidy Law Firm Blog

Monday, December 30, 2024

Common Surgical Errors and Your Rights

When we think about surgery, we often picture a clean and safe space filled with doctors and nurses who are skillfully working together. It’s a place built on trust, where everyone is focused on caring for their patients with attention to detail. And most times, that’s exactly what happens. But sometimes, mistakes are made, and when they happen, patients deserve to know their rights.

What Are Surgical Errors?

Surgical errors are some of the scariest mistakes in healthcare, with real risks of serious injury or worse. According to a study on medical errors and prevention, 75% of malpractice cases involving surgeons are tied to intraoperative errors. And things like operating on the wrong body part or even the wrong patient aren’t just rare horror stories—they can happen. Studies show that common causes include distractions, feeling rushed, fatigue, and miscommunication, along with issues like short-staffing, specimen mislabeling, and the occasional slip-up from exhaustion.

Most Common Surgical Errors

Some of the most common surgical errors include:


  • Poor Sterilization of Surgical Tools or Operating Rooms: This can lead to infections, resulting in severe complications and longer hospital stays.

  • Correct Anesthesia Dosage: Too little may lead to waking up mid-surgery, while too much can be life-threatening. It's a delicate balance that must be precise.

  • Nerve Damage: Destructing a nerve pathway can cause long-term issues like numbness, pain, or reduced movement.

  • Leaving Objects Inside the Patient: Sometimes, tools are mistakenly left inside a patient, leading to infections, pain, and possibly a second surgery for removal.

  • Wrong-Site Surgery: This happens when a surgeon operates on the wrong spot, like the left knee instead of the right, which means all the negative side effects of surgery with none of the benefits.

The Consequences of Surgical Errors

Surgical errors can take a huge toll on a patient, not just physically but emotionally, too. The mental and emotional impact can be just as tough, if not tougher, than the physical recovery. That’s why it’s so important for patients to know they have the right to hold medical professionals accountable.

Knowing Your Rights

If you’ve been through a surgical error, you have the right to seek compensation. You shouldn’t have to deal with the financial and emotional weight of a mistake that could’ve been prevented. In New Jersey, patients affected by medical negligence, including surgical errors, can take legal action. Here’s how to get started:

  • Keep Track of Your Records: These are key to building your case. They show everything about your surgery, from what was planned to what actually happened.

  • Find a Medical Malpractice Attorney: Don’t go through this alone. A malpractice attorney with experience can analyze your case, help you understand what went wrong, and determine what you might be entitled to.

  • Know the Filing Deadline: In New Jersey, you will want to file a malpractice claim within two years of the incident. Talking to an attorney early on will help you stay on track with these deadlines.

  • Log Every Detail: Whether it’s pain, missed work, or extra surgeries, keep a record of everything this error has cost you. These details help back up your case and can impact the compensation you could receive.

You Don’t Have to Face This Alone

Surgical errors can be a traumatic experience, and if you or a loved one has been affected, know that you have options. Medical professionals are supposed to provide the care you deserve, and when they fall short, they should be held accountable. Seeking compensation isn’t just about the money; it’s about getting justice and making sure others don’t have to deal with the same experience as you. If you think you’ve been affected by a surgical error, contact The Cassidy Law Firm LLC today. We’re here to help you understand your options so you can focus on healing. Call us at 732-747-3999 or visit us online to get the support you deserve.

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