When Are Surgeons Liable for Operating Table Errors?
Mistakes during surgery are some of the most serious errors that can occur in a healthcare setting. For patients, they are not only physically devastating but also emotionally and financially burdensome. For medical professionals, these incidents raise the important and complex issue of liability.
Are surgeons responsible for errors made in the operating room? What legal standards determine this responsibility, and what recourse do patients have when something goes wrong? Lenahan & Dempsey explores the topic of surgeon liability, the types of operating room errors, the legal framework surrounding these issues, and the steps patients can take if surgical mistakes occur.
Operating Room Errors and Surgeon Liability
Operating room errors fall under the broader category of medical malpractice. These errors occur when a healthcare professional’s actions deviate from the expected standard of care during surgery. Understanding what constitutes these errors and the criteria for surgeon liability is essential.
Operating room errors refer to mistakes made by healthcare professionals, including surgeons and anesthesiologists, during a surgical procedure. These errors can range from minor lapses to significant incidents resulting in serious harm or death. Not every adverse event qualifies as an operating room error, however. Some complications are considered unavoidable risks of complex surgeries and are not necessarily the result of negligence.
Surgeon Liability in Medical Malpractice
Surgeons can be held liable for mistakes if their actions meet the legal definition of negligence. To establish surgeon liability, patients must prove:
- Deviation from the Standard of Care: This refers to situations where the surgeon’s actions fall below the acceptable standard of care for the type of surgery performed. The standard of care is essentially the benchmark for what a competent, reasonably skilled surgeon would do in similar circumstances.
- Causation: Patients must demonstrate that the surgeon’s mistake caused or increased the risk of the harm suffered, such as an injury, prolonged recovery, or other complications.
If both criteria—deviation from the standard of care and causation—are met, a patient may have grounds to file a medical malpractice lawsuit. If you are unsure if you meet both criteria, the operating room error attorneys at Lenahan & Dempsey can help.
Types of Operating Room Errors
Surgical errors are serious and often preventable, making it essential for hospitals and surgeons to prioritize patient safety. Below are the most common types of operating room errors that can lead to surgeon liability:
1. Surgical Errors
Surgical errors are mistakes that occur during the actual procedure. Common types include:
- Wrong-Site Surgery: Operating on the wrong body part.
- Wrong-Patient Surgery: Performing a procedure on the incorrect patient.
- Foreign Objects Left in the Body: Items such as sponges, towels, or surgical instruments left inside the patient (known as a “never event”).
- Damage to Adjacent Organs: Mistakenly injuring organs or tissues near the surgical site.
2. Anesthesia Errors
Anesthesia errors, often associated with anesthesiologists or nurse anesthetists, also fall under medical malpractice. These can include:
- Administering the incorrect dose (too much or too little).
- Failing to properly monitor the patient during surgery.
- Using the wrong type of anesthesia.
- Neglecting post-surgical monitoring, leading to complications.
3. Post-Operative Care Errors
Errors in post-operative care are equally dangerous. Complications such as infections, blood clots, or delayed diagnoses of problems due to negligence can have severe, long-term implications for patients.
Understanding the types of errors that occur is crucial to identifying preventable errors and ensuring that proper protocols are followed in the operating room.
Hold Surgeons Accountable For Their Mistakes While Operating on You
Operating room errors are a serious concern and can cause serious harm to patients. By understanding the legal framework for surgeon liability and medical malpractice, patients can identify instances of medical malpractice in their care.
If you suspect that you have been the victim of an operating room mistake or another form of medical malpractice, contact us at Lenahan & Dempsey today for help.
*Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.
