Rhode Island Surgical Error Attorneys

Representing Victims of Surgical Malpractice in RI

When surgical errors cause the wrongful injury or death of a patient, the responsible party should be brought to justice. Decof, Mega & Quinn, P.C. has a long history of holding negligent surgeons, doctors, anesthesiologists, nurses, hospitals, and healthcare facilities responsible for delivering substandard care. Our Rhode Island surgical error lawyers have experience with these complex cases and have secured over $1 billion in verdicts and settlements for the injured and wronged.

To learn more about our firm and how we can help with your claims, call (401) 200-4059.

Types of Surgical Errors

A surgical error is a preventable mistake that occurs during a surgical procedure, deviating from the standard of care expected from a reasonably skilled surgeon. While all surgeries carry inherent risks, a surgical error goes beyond the accepted risks and often results from negligence, inadequate planning, or miscommunication. These errors can cause significant harm to the patient, including infection, organ damage, prolonged recovery, or even death. Surgical errors can occur before, during, or after the procedure and may lead to medical malpractice claims if the harm caused is due to a breach of the standard of care.

Common types of surgical errors:

• Wrong-site surgery – This occurs when the surgeon operates on the wrong part of the body. For example, performing surgery on the left knee instead of the right. This error often results from miscommunication or failure to verify the surgical site.
• Wrong-procedure surgery – In some cases, a patient may undergo a completely different procedure than what was intended. This mistake can occur due to clerical errors, failure to review the patient’s medical records, or miscommunication among the surgical team.
• Wrong-patient surgery – When a procedure intended for one patient is performed on another, it is classified as wrong-patient surgery. This catastrophic error is often caused by patient misidentification and administrative errors.
• Leaving surgical instruments inside the body – Surgical instruments, such as sponges, clamps, or gauze, may be left inside a patient’s body after surgery. This error can lead to severe infections, pain, and the need for additional surgeries to remove the retained object.
• Anesthesia errors – Errors involving anesthesia can be life-threatening. These mistakes may include administering too much or too little anesthesia, failing to monitor the patient properly, or using the wrong type of anesthetic, leading to complications such as brain damage or death.
• Nerve damage or organ injury – Surgeons may inadvertently injure surrounding nerves, tissues, or organs during the procedure. This type of error can cause long-term disability, chronic pain, or organ dysfunction.
• Improper use of surgical tools – Failure to properly handle or sterilize surgical instruments can lead to severe complications, such as infections, excessive bleeding, or tissue damage.
• Inadequate postoperative care – Negligence in monitoring a patient after surgery can lead to postoperative complications, such as infections, internal bleeding, or blood clots, that may go unnoticed and worsen the patient’s condition.
• Infections due to unsanitary conditions – Failure to maintain a sterile environment in the operating room can lead to infections, which may result in serious complications, sepsis, or even death if not properly treated.
• Failure to obtain informed consent – Before performing surgery, doctors are required to inform the patient of the risks, benefits, and alternatives. If a surgeon fails to obtain informed consent or does not fully disclose the potential complications, it may lead to legal liability if the patient suffers harm.
• Prolonged surgery errors – Excessively long surgical procedures can increase the risk of complications, including infections, blood clots, and anesthesia-related issues.
• Miscommunication among surgical team – Lack of clear communication between the surgeon, anesthesiologist, nurses, and other medical staff can lead to errors in procedure, medication dosage, or patient care.

Anesthesiologists, nurses, surgeons, and all other medical professionals involved in the preparation, performance, and aftercare of a surgical patient are held to a high standard when it comes to patient care.

They have earned degrees and licenses based on years of education and training, and they should always provide a standard level of preoperative, perioperative, and postoperative care. Any deviation from acceptable standards can have disastrous results for a patient.

Any surgery has inherent risks, but they should be understood by the patient and weighed against the potential benefits so he or she can make an informed choice about moving forward with the procedure.

If a healthcare professional makes a mistake or acts negligently at any point before, during, or after surgery, and a patient is injured as a result, this may provide grounds for a medical malpractice case.

Common Causes of Surgical Errors

Surgical errors can occur due to various factors, some of which include:

• Communication breakdown – Miscommunication among surgical team members, such as unclear instructions or failure to convey critical information, can lead to errors during surgery.
• Fatigue and stress – Surgeons and other healthcare professionals may experience fatigue or high levels of stress during lengthy or complex surgeries, increasing the likelihood of errors.
• Lack of experience or training – Surgeons who lack sufficient experience or training in a particular procedure may be more prone to making mistakes during surgery.
• Equipment failure – Malfunctioning or improperly maintained surgical equipment can lead to errors, such as incorrect incisions or complications during procedures.
• Poor preoperative planning – Inadequate preoperative evaluation or planning can result in surgical errors, including incorrect patient positioning, failure to anticipate complications, or inadequate preparation for the procedure.
• Distractions in the operating room – External distractions or interruptions during surgery can divert the attention of surgical team members, increasing the risk of errors.
• Misidentification of surgical site – Failing to correctly identify the surgical site or marking it improperly can lead to wrong-site surgery or performing the procedure on the wrong patient.
• Inadequate staffing or resources – Insufficient staffing levels or resources in the operating room can contribute to errors, as healthcare professionals may be overwhelmed or unable to perform their duties effectively.
• Time pressures – Pressure to complete surgeries quickly, either due to scheduling constraints or the urgency of the patient's condition, can lead to rushed decisions and errors.
• Poor teamwork – Dysfunction within the surgical team, such as lack of coordination or conflicts among team members, can impair communication and collaboration, increasing the likelihood of errors.
• Failure to follow protocols – Deviating from established surgical protocols or guidelines increases the risk of errors, as these protocols are designed to ensure patient safety and minimize complications.
• Inadequate postoperative care – Errors can occur during the postoperative phase, such as improper wound care or failure to monitor patients closely for complications, leading to adverse outcomes.

Do I Have Grounds for a Lawsuit?

Surgical “never events,” as the name implies, represent devastating and preventable surgical events, which never should have happened to the patient.

To be successful in a surgical malpractice case, the patient must prove that the patient’s physician deviated from the standard of care of a reasonably competent physician. Never events virtually always represent malpractice. Some surgical complications or incidents do not qualify as “never events” but still represent viable causes of action nonetheless.

As a firm that has represented many individuals and families who have fallen victim to never events, and other surgical complications, we have extensive experience investigating the facts of a particular surgical complication and then making a recommendation about whether or not to proceed with a lawsuit.

It is important to note that you always have the right to bring a civil lawsuit even though you signed a surgical consent form. Many people believe that a surgical consent form, which identifies some surgical complications, somehow eliminates their right to bring a civil lawsuit later on. That is not accurate.

If you believe that you or a family member has been the victim of a surgical error, the attorneys at Decof, Mega & Quinn, P.C. are available to meet and speak with you about your claim. For many, just getting answers about what caused their surgical complications can be gratifying.

Call our Providence, RI surgical error lawyers at (401) 200-4059 for a free consultation.