Surgical Errors and Medical Malpractice Claims
At least 4,000 surgical errors occur each year in the United States. These mistakes can happen during complex procedures involving the brain, spine, or heart, as well as during “routine” or common surgeries. Some surgical errors are catastrophic, resulting in permanent injuries, lifelong complications, or even death. Any surgical error is devastating not only for the patient, but also for their family.
If a surgical error happens to you or a family member, it is important to have an experienced New York surgical error lawyer on your side to help you pursue the compensation you deserve.
When Do Surgical Errors Occur?
Surgical errors can occur at any point in the surgical process, from pre-operative preparation to the surgery itself and post-operative care. These errors are not limited to surgeons alone—any member of the medical team involved in the patient’s care may be responsible.
Why Do Surgical Errors Occur?
Many patients ask, why do surgical errors occur?
In most cases, surgical errors happen due to preventable factors such as poor communication among medical staff, inadequate pre-surgical planning, fatigue, lack of proper training, or failure to follow established medical protocols. Just as in other areas of medical malpractice, these errors often reflect a breakdown in the standard of care that patients are legally entitled to receive.
How Often Do Surgical Errors Occur?
Another common question is, how often do surgical errors occur?
Studies estimate that at least 4,000 surgical errors occur annually in the U.S., though many experts believe the true number may be higher due to underreporting. These errors occur in hospitals, outpatient surgical centers, and other medical facilities, affecting patients across all age groups and medical conditions.
Which of the Following Is an Example of a Surgical Error?
Patients frequently ask, which of the following is an example of a surgical error? A surgical error generally refers to any preventable mistake that deviates from accepted medical standards and results in patient harm.
Common Examples of Surgical Errors
Common surgical error examples include:
- Unnecessary Surgery
When a surgeon performs a procedure that is not medically indicated for the patient’s condition. - Improper Surgery
This includes operating on the wrong body part or wrong side of the body, performing the wrong type of surgery, or conducting a procedure that is contraindicated for the patient. - Improper Surgical Technique
Injuries caused by poor technique, failure to follow accepted surgical practices, or lack of due care. Adjacent organs, blood vessels, or nerves may be damaged as a result. - Anesthesiology Errors
Mistakes involving improper administration of anesthesia or failure to monitor the patient’s vital signs during surgery. - Errors in Post-Operative Care
Failure to properly monitor a patient after surgery for complications such as infection, bleeding, or organ failure can have devastating and preventable consequences.
What Are the Top 5 Medical Errors?
Patients seeking clarity often ask, what are the top 5 medical errors? Medical errors can occur at many stages of patient care, but certain categories appear far more frequently and often result in serious, preventable harm.
- Diagnostic Errors
These occur when a medical condition is misdiagnosed, diagnosed too late, or not diagnosed at all. A delayed or incorrect diagnosis can prevent a patient from receiving timely and appropriate treatment, allowing the condition to worsen or become life-threatening. - Surgical Errors
Surgical errors involve preventable mistakes made before, during, or after a surgical procedure. These may include operating on the wrong body part, performing an unnecessary procedure, or using improper surgical techniques. Because surgeries are invasive by nature, these errors often result in severe and irreversible injuries. - Medication Errors
Medication errors happen when a patient receives the wrong drug, incorrect dosage, or improper instructions for use. These mistakes can lead to dangerous drug interactions, organ damage, or overdose, especially in vulnerable patients. - Anesthesia Errors
Anesthesia errors may occur when anesthesia is improperly administered or when the patient is not adequately monitored during surgery. These errors can result in brain damage, cardiac complications, or death if not promptly recognized. - Post-Operative and Follow-Up Care Failures
Even when a procedure itself is performed correctly, failures in post-operative care can cause serious harm. This includes failing to monitor for infections, internal bleeding, or other complications that require immediate medical attention.
What Are the 5 Surgical Emergencies?
Surgical emergencies are life-threatening conditions that require immediate medical and often surgical intervention to prevent death or permanent injury.
- Severe Internal Bleeding
Uncontrolled bleeding, whether due to trauma or a surgical complication, can quickly lead to shock and organ failure if not treated immediately. - Organ Perforation or Rupture
A perforated organ, such as the intestines or stomach, can release bacteria into the body, causing serious infections and sepsis. - Sepsis
Sepsis is a severe and potentially fatal response to infection. It requires urgent treatment and is a medical emergency that can develop rapidly after surgery. - Airway Obstruction
Any blockage of the airway that prevents proper breathing is a critical emergency. This may occur during or after surgery due to swelling, blood clots, or anesthesia-related complications. - Acute Traumatic Injuries
Severe trauma, including injuries from accidents or falls, often requires emergency surgery. In these situations, medical errors are more likely due to the urgency and complexity of the patient’s condition.
Because emergency surgeries are performed under intense time pressure, mistakes can be especially dangerous and difficult to correct.
What to Do If an Operation Goes Wrong?
Patients and families frequently search for what to do if an operation goes wrong, particularly when complications arise unexpectedly.
The first priority is always to seek immediate medical attention to stabilize the patient and prevent further harm. It is also important to request and preserve all medical records related to the surgery, including operative reports and post-operative notes.
Documenting symptoms, complications, and changes in the patient’s condition can be critical if a medical malpractice claim becomes necessary. Consulting with a qualified medical malpractice attorney can help determine whether the injury was a known risk of surgery or the result of negligence.
An experienced attorney can evaluate the medical records, consult with experts, and advise on the appropriate legal steps to protect the patient’s rights and pursue compensation.
Surgical Error Claims at Kramer, Dillof, Livingston & Moore
At Kramer, Dillof, Livingston & Moore (KDLM), we are committed to supporting our clients throughout every step of the legal process. Our firm has represented hundreds of medical malpractice cases, including many involving surgical errors, resulting in verdicts and settlements ranging from $120 million to more than $1 billion.
There is no single case type that is the “right fit” for KDLM. Each case is evaluated individually based on its unique facts. If you believe you may have a medical malpractice claim involving a surgical error, please review our FAQs and contact us at (212) 618-6800 to schedule a consultation.




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