Surgical mistakes remain one of the most serious categories of medical malpractice, with national data showing how widespread and damaging these errors can be. Studies estimate that more than 250,000 deaths occur each year in the US due to medical errors, making it one of the leading causes of death. Around 15% of all medical malpractice claims are tied directly to surgical errors, and roughly 1 in 5 surgeons will face a malpractice lawsuit at some point in their career. Despite the high number of incidents, only about 7% of patients harmed by medical negligence ever file a formal claim, which means most surgical errors are never pursued through the legal system.
Since surgical cases are medically complex, investigating them requires a detailed and methodical legal approach. Lawyers must review operative reports, hospital protocols, expert opinions, and post-surgical outcomes to determine whether the standard of care was breached and how the injury occurred. This process often involves working closely with medical specialists and forensic experts to uncover mistakes that may not be obvious at first glance. O’Connor, Parsons, Lane & Noble focuses on uncovering the critical medical and factual evidence behind surgical error claims, helping injured patients build strong cases that accurately reflect both the negligence involved and the long-term impact on their lives.
Initial Consultation and Information Gathering
Lawyers meet with the victim and/or their family during the first consultation. During this initial conversation, a lawyer obtains basic details about the event. Requests include medical records, surgical notes, and all communications with the healthcare provider in question. This is a key early step in the legal process and helps the legal team determine whether the victim has a claim.
Reviewing Medical Documentation
Once the required documents are available, attorneys meticulously study each record. They search for any discrepancies or holes in the post-op notes. All the discharge papers, forms signed to give consent, and posts from follow-up visits contain extensive information. Legal experts can use these materials to determine what may have gone wrong during surgery.
Consulting Medical Experts
Since legal professionals are not medical experts, they approach medical professionals and specialists to seek professional opinions and insights. Medical consultants review the records and weigh in on whether appropriate care was provided. Their evaluations provide the basis for a solid claim.
Establishing the Standard of Care
Legal teams must prove whether the surgeon’s actions were consistent with accepted practices. To accomplish this, they compare the case to the actions that any other medical expert or surgeon would have taken in the same scenario. This helps establish the expected standard of care in specific situations, allowing lawyers to determine if there was an error. When there is a shortfall in care delivery, the assertion of negligence is strengthened.
What Caused the Surgical Error
Lawyers look for the precise mistake or error that led to injury or damage. Did the surgeon perform surgery on the wrong body part, or did they fail to remove an instrument? They also check if equipment failure, miscommunication, or fatigue led to the incident. By clearly defining the error, culpability can be determined.
Proving Harm and Causation
It is not enough to show that an error took place. The attorney must also prove that the error caused the patient harm or made their condition worse. They gather evidence that shows how the error adversely impacted patient safety and is related to concrete physical, emotional, or financial losses. Lawyers need to establish this link before they can move forward with a claim.
Calculating Damages
To compute damages, lawyers must prove how badly the patient was harmed, including all the financial losses they suffered. They gather invoices, receipts, and wage records to determine medical expenses and lost earnings. Pain, suffering, and future care are also considered. When damages are correctly calculated, proper compensation can be pursued.
Pre-Litigation Negotiations
Part of the pre-litigation process involves attorneys trying to resolve the matter outside of court with healthcare providers or their insurers (before any litigation commences). Once they have evidence, lawyers inform clients about the losses incurred and present the claim to the opposing party. Many claims settle at this point, thereby saving time and eliminating stress for both sides.
Steps to Filing a Lawsuit and Preparing for Trial
When negotiations fail, the legal team files a formal complaint in court. After that, both parties exchange information and take witness statements under oath. Legal advocates keep working on their arguments, gathering new evidence. Lawyers prepare for the lawsuit and ensure that they can show and prove how the error occurred and how it impacted the victim.
Courtroom Presentation
In a trial, attorneys rely on expert witness testimony, medical records, and demonstrative exhibits to explain the case to a judge or jury. Their goal is to tell a story that lays out evidence before the court and supports the client’s assertions and claims. This well-articulated presentation can positively influence the outcome.
Conclusion
Cases involving surgical errors require an eye for detail, access to a team of specialists, and a meticulous methodology and approach. These key steps help determine the truth and enable lawyers to secure compensation for the victims. Learning about this process enables victims to exercise their legal rights and hold at-fault parties accountable for surgical errors.