Abogados de Surgical Errors

Surgical Errors Lawyers in the United States

Every year, an estimated 4,000 surgical errors occur in the United States that are classified as "never events" — mistakes so serious they should never happen. When a surgeon operates on the wrong body part, leaves an instrument inside a patient, or performs the wrong procedure entirely, the consequences can be life-altering. A surgical errors lawyer fights to hold negligent medical providers accountable and recover compensation for the harm they caused.

What Surgical Error Claims Cover

Surgical error cases fall under the broader category of medical malpractice. They cover mistakes made before, during, or after a surgical procedure that fall below the accepted standard of care. Common examples include wrong-site surgery, anesthesia errors, nerve damage from improper technique, and infections caused by unsterile conditions.

These cases also cover failures in post-operative care, such as not monitoring a patient for complications or discharging someone too early. Surgical errors can involve surgeons, anesthesiologists, nurses, and even the hospital itself under a theory called vicarious liability.

When to Hire a Surgical Errors Lawyer

• You suffered unexpected complications or injuries that your surgeon cannot adequately explain
• A surgeon operated on the wrong body part, wrong side, or wrong patient
• Medical instruments, sponges, or other objects were left inside your body after surgery
• You developed a severe infection due to unsanitary surgical conditions
• Your condition worsened significantly after a procedure that should have been routine

How the Legal Process Works

Surgical error cases begin with a thorough review of your medical records by both the attorney and independent medical experts. Most states require a certificate of merit — a sworn statement from a qualified physician confirming that malpractice likely occurred — before a lawsuit can proceed.

After filing, both sides exchange evidence through discovery. Depositions of the surgical team and expert witnesses shape the strength of the case. Roughly 90% of medical malpractice cases settle before trial, though the timeline from filing to resolution often stretches 18 months to three years.

How Compensation Is Calculated

• Medical expenses — costs of corrective surgeries, hospital stays, rehabilitation, medications, and future treatment needs
• Lost income — wages lost during recovery and reduced future earning capacity if the injury causes lasting disability
• Pain and suffering — physical pain, emotional distress, and diminished quality of life resulting from the error
• Loss of consortium — compensation for the impact on your relationship with a spouse or family members
• Punitive damages — awarded in rare cases where the surgeon's conduct was reckless or intentional, though many states cap these amounts

Frequently Asked Questions

How long do I have to file a surgical error lawsuit?

Each state sets its own statute of limitations for medical malpractice claims, typically ranging from one to three years. Some states apply a "discovery rule," meaning the clock starts when you knew or should have known about the error rather than when the surgery occurred. Missing this deadline almost always bars your claim permanently.

Do I need an expert witness to prove my case?

Yes, in nearly every jurisdiction. Surgical error cases require testimony from a qualified medical expert who practices in the same specialty as the defendant. The expert must explain what the surgeon did wrong and how that deviation from accepted practice directly caused your injury. Without this testimony, courts will typically dismiss the case.