Surgery carries inherent risks, but when a surgical error occurs due to negligence, patients have the right to seek compensation. Medical professionals owe patients a duty of care, and when that duty is breached during an operation, the consequences can be devastating. From wrong-site surgeries to retained surgical instruments, these preventable mistakes can lead to serious complications, additional procedures, and prolonged suffering.
If you’ve been harmed by a surgical error in Kansas or Missouri, Hollis Law Firm can help you understand your legal options. Our lawyer has extensive experience handling medical cases and understands the complexities of proving surgical negligence. We work with medical professionals to build strong cases that hold negligent surgeons and healthcare facilities accountable.
What Qualifies as a Surgical Error?
Surgical errors are preventable mistakes that occur during an operation due to negligence or deviation from accepted medical standards. These mistakes differ from known risks that patients are informed about before surgery. When a surgeon or surgical team fails to follow proper protocols or makes careless mistakes, patients may suffer unnecessary harm.
Common types of surgical errors include:
- Operating on the wrong body part or patient
- Leaving surgical instruments or sponges inside the body
- Damaging nerves, organs, or tissues during the procedure
- Administering incorrect anesthesia dosage
- Performing unnecessary surgical procedures
- Failing to properly monitor patient vital signs
- Making improper incisions or sutures
Not every negative surgical outcome constitutes malpractice. However, when an error occurs that a reasonably competent surgeon would have avoided, you may have grounds for a claim. The key factor is whether the medical professional’s actions fell below the accepted standard of care.
Proving Negligence in Surgical Error Cases
Establishing liability in surgical error cases requires demonstrating that the healthcare provider’s negligence directly caused your injuries. This involves showing that the surgeon or medical team failed to meet the standard of care expected in their field. Medical records, expert testimony, and detailed documentation of your injuries all play a role in building a compelling case.
According to Johns Hopkins Medicine, wrong-site surgeries and retained surgical items are among the most preventable medical errors. Many surgical mistakes result from poor communication, inadequate preoperative planning, or failure to follow established safety protocols. When these failures cause harm, healthcare providers can be held accountable.
Building Your Case
Successfully pursuing a surgical error claim requires extensive medical evidence and professional analysis. Your lawyer will need to obtain your complete medical records, consult with medical professionals who can testify about the standard of care, and document how the error has affected your life. Time is critical in these cases, as evidence must be preserved and Missouri and Kansas statutes of limitations apply.
The legal process involves investigating the circumstances surrounding your surgery, identifying all potentially liable parties, and calculating the full extent of your damages. This includes past and future medical expenses, lost income, pain and suffering, and reduced quality of life.
Damages Available in Surgical Error Claims
Victims of surgical errors may recover compensation for multiple types of harm. Economic damages cover measurable financial losses such as additional medical treatments, rehabilitation costs, and lost wages. Non-economic damages address the physical pain, emotional distress, and life changes you’ve experienced due to the error.
In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior. The specific damages you can pursue depend on the severity of your injuries, the impact on your ability to work and enjoy life, and whether the error resulted in permanent disability or disfigurement.
Contact Hollis Law Firm Today for Help With Your Medical Malpractice Case
Surgical errors can turn a routine procedure into a life-altering event. When medical professionals fail to meet their duty of care, they must be held accountable for the harm they cause. At Hollis Law Firm, our lawyer fights for the rights of patients harmed by preventable surgical mistakes throughout Kansas and Missouri. We understand the medical and legal complexities of these cases and work diligently to secure the compensation our clients deserve. Contact us today to discuss your potential surgical error claim and learn how we can help you move forward.
