Facing surgery can be stressful under the best of circumstances. When something goes wrong in the operating room, that stress can quickly turn into lasting physical and emotional harm.
At Hare Wynn, our Alabama medical malpractice lawyers have helped many individuals and families navigate the difficult aftermath of a surgical error. We understand how devastating it is to put your trust in a healthcare provider, only to suffer serious consequences because of negligence. If you’re wondering whether what happened to you qualifies as malpractice, this post will walk you through common types of surgical errors and what legal options may be available.
What Counts as a Surgical Error?
When a medical professional fails to follow the accepted standard of care, and that failure causes harm, the injured patient, or that patient’s survivors, may have a claim for medical malpractice.
Some of the most common surgical errors that can lead to legal action in Alabama include:
- Wrong-site surgery: Operating on the wrong limb, organ, or side of the body is one of the most egregious and preventable types of surgical mistakes.
- Wrong-patient surgery: Mix-ups involving patient identity or surgical scheduling can lead to someone undergoing a procedure they were never meant to have.
- Foreign objects left in the body: Surgical sponges, clamps, or instruments left inside a patient can cause infection, organ damage, and require additional surgeries.
- Anesthesia errors: These include incorrect dosage, improper monitoring, or failure to consider patient history, all of which can lead to serious complications such as brain injury or death.
- Nerve damage: Unintended injury to nerves during surgery can lead to pain, loss of function, or long-term disability.
- Failure to monitor during or after surgery: Patients must be closely watched during and after surgery for signs of distress, bleeding, or complications. A lapse here can lead to permanent harm.
How Do You Know If the Error Was Medical Malpractice?
To bring a malpractice case in Alabama, you must prove:
- There was a provider-patient relationship.
- The provider failed to meet the accepted standard of care.
- That failure caused your injury.
- You suffered measurable damages.
Experienced medical malpractice lawyers can help evaluate whether your case meets these requirements. They work with medical experts to review surgical records and determine if negligence occurred.
What Should You Do If You Suspect a Surgical Error?
If you believe a surgical mistake harmed you or someone you love, it’s important to act quickly. Here are some first steps:
- Request all surgical and hospital records: Get copies of your operative report, anesthesia records, discharge summaries, and any imaging studies.
- Write down your experience: Keep a detailed timeline of what happened before, during, and after surgery, including names of providers, symptoms, and anything that seemed unusual.
- Follow up with a new medical provider: If you’re still experiencing complications, get a second opinion. They may be able to identify what went wrong.
- Understand Alabama’s filing deadlines: In most cases, Alabama requires medical malpractice lawsuits to be filed within two years of the negligent act. Some exceptions exist, but a delay can hurt your case.
- Talk to a qualified attorney: Surgical error cases are complex. A medical malpractice lawyer can help you determine if the mistake rises to the level of negligence and guide you through your options.
Why These Cases Matter
Surgical errors don’t just affect the patient. They impact families, careers, and futures. A successful malpractice claim can provide compensation to help with ongoing care and lost income, but it also helps hold providers accountable. That accountability can help prevent similar harm from happening to others.
At Hare Wynn, we are committed to helping individuals across Alabama understand their rights and pursue justice when medical care falls short. With over 130 years of experience and a dedicated medical malpractice team, we know how to investigate surgical negligence and fight for what our clients deserve.
Talk to an Alabama Surgical Malpractice Lawyer Today
If you believe a surgical error caused serious harm, you don’t have to sort through it alone. Contact Hare Wynn today for a free and confidential consultation. We’ll listen to your experience, explain your legal options, and help you move forward with confidence.
