Surgery is a major event for many people. You place complete trust in the expertise of the medical team and expect the procedure to be performed carefully. Still, something can go wrong during surgery. In some cases that is a complication, but sometimes there is a medical error for which the hospital or the doctor can be held liable.
In this blog, we explain when a medical error occurs during surgery, what you as a patient can do, how you can demonstrate that the doctor or the hospital is liable, and how you can obtain compensation.
When does a medical error occur during surgery?
Not every setback or complication during surgery automatically means that something was done wrong. A medical error only arises if the doctor did not act as may be expected of a reasonably competent and careful doctor.
There is therefore an important difference between a complication and an error:
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A complication is a known risk that can occur even when due care is taken.
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An error is a culpable action or omission, for example due to careless surgery, miscommunication, or inadequate aftercare.
Examples of medical errors during surgery
There are many situations in which negligent conduct may occur during or after surgery. Common examples include:
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Operating on the wrong site or the wrong body part.
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Leaving instruments or gauze inside the body.
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Insufficient preparation or incorrect information about the patient.
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Damage to nerves or organs due to careless actions.
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Errors in sedation or anesthesia.
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Insufficient monitoring or aftercare after the surgery.
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Infections resulting from insufficient sterile technique.
In all these situations, there may be a breach of the duty of care.
The duty of care of the hospital and the physician
A hospital and its staff have a legal duty of care. This means that they must act in accordance with the professional standard that applies within the medical profession.
When a doctor or hospital breaches this duty of care – for example, through negligent conduct, wrong decisions, or insufficient supervision – this can lead to liability.
In most cases, it is not the physician who is personally liable, but the healthcare institution itself, because it is responsible for the organization and delivery of care.
How can you demonstrate that a medical error has occurred?
To demonstrate a medical error during surgery, evidence is essential.
You can take the following steps:
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Request your medical record
You always have the right to access and a copy of your record. It includes reports of the operation, the surgical report, aftercare, and the physicians involved. -
Have the record assessed by a medical advisor
An independent medical expert can assess whether the doctor acted with due care and whether a culpable error occurred. -
Gather additional evidence
Consider photos, correspondence, witness statements, or reports from other specialists.
Also read:
👉 The medical record: access, copy and correction
👉 Causal link in medical errors: when is the doctor liable?
Compensation for a medical error during surgery
If it has been established that there has been a medical error, you are entitled to compensation. This compensation consists of both material and non-material damage.
Material damage may include, among other things:
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Medical expenses that are not covered by health insurance.
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Travel expenses to doctors and specialists.
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Loss of income due to disability.
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Costs for household help or informal care.
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Costs for assistive devices or modifications to the home.
Non-material damage (pain and suffering) is compensation for the suffering, the pain, and the loss of enjoyment of life that you experience.
The amount of pain and suffering compensation depends on the severity of the injury, the duration of recovery, and the impact on your daily life.
Read also:
👉 Pain and suffering compensation for medical errors: what you need to know
👉 Compensation for medical liability
What can you do after a mistake during surgery?
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Ask the doctor or the hospital for an explanation
Sometimes an open conversation helps to clarify what happened. -
File a complaint with the hospital
Every healthcare institution has a complaints procedure. You can file an official complaint through the complaints officer. -
Have your case assessed by a personal injury lawyer
A specialized lawyer can assess whether the error is legally actionable and what compensation may be possible. -
Start a liability claim
If an investigation shows that the doctor or the hospital acted negligently, a liability claim may follow. Your lawyer will handle this on your behalf.
Also read:
👉 Loss of chance in cases of medical error
👉 Informed consent: your right to clear information during medical treatments
Why Arslan & Arslan Attorneys?
At Arslan & Arslan Attorneys we have extensive experience with complex medical liability cases.
We work with independent medical advisors and ensure that your case is handled with the greatest care.
We offer:
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Free legal assistance: we recover our costs from the liable party.
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Expert assessment of medical records.
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Personal guidance by experienced attorneys.
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Maximum compensation for your injury and suffering.
We understand that a mistake during surgery is significant – both physically and emotionally. That is why we take all legal burdens off your hands, so you can focus on recovery.
Do you suspect a medical error during surgery?
Are you unsure whether the doctor acted carefully? Or would you like to know whether you are entitled to compensation?
Contact Arslan & Arslan Attorneys. We are happy to help you, free of charge and with the expertise your case deserves.
Frequently Asked Questions
What is the difference between a complication and a medical error during surgery?
A complication is a known risk that can occur even when proper care is taken, whereas a medical error involves negligence or careless actions by the medical team. Medical errors are culpable actions or omissions that breach the duty of care.
How can I prove that a medical error occurred during my surgery?
You should request your medical records and have them assessed by an independent medical expert to determine if there was a breach of the standard of care. Gathering additional evidence like photos, witness statements, or correspondence can also support your case.
What kinds of medical errors during surgery might make a hospital or doctor liable?
Liability may arise from errors such as operating on the wrong site, leaving instruments inside the body, causing nerve or organ damage, or improper sterilization leading to infection. These breaches of duty of care can result in legal responsibility.
What steps can I take if I believe I’ve been a victim of medical negligence during surgery?
You should obtain and review your medical records, consult with an independent medical expert, and gather supporting evidence like photos or witness statements. These steps can help establish whether a medical error occurred and if you are entitled to compensation.
