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When is a mistake in surgery grounds for a lawsuit?

In the process of treating a patient and providing medical care, mistakes can happen. Some mistakes made by doctors and nurses present minor inconveniences and only require minimal intervention, but there are times that a medical error comes at a great physical—and later, emotional and financial—cost to a patient. This often happen during surgery, when patients are at their most vulnerable.


It goes without saying that there are risks involved with any type of surgery. However, there are times when an error in surgery merits moving forward with a civil claim against the medical care provider. It can be difficult to determine if you are a victim of medical malpractice, but if you are, you have the right to seek compensation.

How do I know if I should sue?

As a patient, you may not know if you should sue after your surgery took an unexpected turn or if the complications are the result of normal surgical risks. You may have grounds for a civil claim if you suffered because of the following:

  • Infections caused by the surgery or by your post-operative care
  • Object left inside you by surgeon
  • Surgery performed on the wrong site
  • Injuries suffered by falling off operating table
  • Errors or mix-ups with the anesthesia or medications used

These surgery mishaps are quite obvious, but your situation may not be so clear. Whether you are suffering from a blatant mistake or you believe you may have suffered a preventable complication, you have the right to explore your legal options.

Many surgical errors are preventable. From establishing procedures for cleanliness to making sure certain safety measures are in place, there are multiple ways that doctors, nurses and other care providers can protect the safety of patients. Mistakes during surgery can have a significant impact on a patient, lengthening recovery time, requiring additional surgeries and more. Medical mistakes are financially, emotionally and physically costly for the victim.

Protect yourself and your rights

If you believe that you are a victim of medical malpractice, you would be wise to take quick action to protect yourself and get the help you need for a full recovery. You should not have to suffer because of the negligent actions of a doctor or surgeon, but if you did, you do not have to suffer in silence.

By taking quick action, you can better protect yourself and build a strong medical malpractice claim. A surgical error may have caused you harm, but injured patients have rights and options.

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