Surgical Errors and Medical Malpractice  

Posted by Patrick J. Walsh | Mar 20, 2025 | 0 Comments

Surgical errors can occur during surgery as well as during post-operative care. Negligent surgeons may:

  • Damage internal organs during surgery.
  • Operate on the wrong body part due to communication errors.
  • Fail to remove medical instruments from the body.
  • Provide negligent post-op care, leading to infections and complications.

Types of Surgical Malpractice Cases  

1. Damage to Internal Organs  

Damage to internal organs during surgery can be actionable malpractice in two ways:

  • If the damage was preventable, but the surgeon failed to take proper precautions, this violates the standard of care.
  • If the damage was unavoidable, but the physician failed to properly warn the patient of risks, this can result in a lack of informed consent—which may be considered medical battery.

2. Wrong-Site Surgery  

Wrong-site surgery is rare, but still occurs 1,300 to 2,700 times annually in the U.S. This critical error often results from:

  • Miscommunication among medical staff.
  • Failure to follow proper protocols before surgery.

3. Retained Surgical Instruments  

Failing to remove a surgical instrument from the body is considered per se malpractice—meaning negligence is automatically assumed. In such cases, the burden of proving negligence is eliminated because:

"There is no way a surgical tool is left in a human body without a medical professional acting negligently."

Why Legal Representation is Critical  

Every surgical malpractice case depends on specific facts surrounding the procedure and the standard of care. If you or a loved one has suffered due to a surgical error, it is critical to consult with an experienced medical malpractice attorney immediately.

Protect Yourself  

If you have experienced a surgical error or medical malpractice, don't wait to take legal action. Reach out to Hastings, Cohan & Walsh, LLP today for a free consultation. Our experienced Connecticut medical malpractice attorneys are dedicated to fighting for your rights and the compensation you deserve. You pay nothing unless we win your case.

Whether you or a loved one has suffered from a surgical mistake, you don't have to go through this alone. Contact a trusted Connecticut medical malpractice attorney to help you navigate the legal process and hold negligent medical professionals accountable.

Call 203-438-7450 to schedule your free consultation today or visit www.hcwlaw.com.

About the Author

Patrick J. Walsh

Patrick J. Walsh has ranked on National Trial Lawyers' Top 100 Trial Lawyers for the past several years and received the Martindale-Hubbell Client Distinction Award twice. Practicing law for over 23 years.

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