Bethesda Surgical Error Lawyers

Surgical procedures are performed with the expectation of improving a patient’s condition or preserving health. Yet, errors occur in the operating room, with severe and long-lasting consequences. Mistakes during surgery may lead to infections, internal injuries, or permanent impairment. When these outcomes result from negligence, affected patients may pursue legal action to address the harm caused.

The Bethesda surgical error lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates skillfully represent clients who have experienced injury or illness caused by surgical mistakes. With a background in both law and medicine, Dr. Michael Wilson and his team are equipped to review medical records, identify deviations from standard procedure, and pursue legal claims when necessary. Surgical errors are a serious matter, and those affected deserve thorough legal attention.

What Is Considered a Surgical Error?

A surgical error is a preventable mistake made during a procedure that leads to injury or complications. These mistakes may occur before, during, or after surgery and can result from poor planning, miscommunication, fatigue, inadequate staffing, or carelessness. Examples include operating on the wrong site, leaving surgical instruments inside the body, performing an incorrect procedure, or damaging nearby organs.

Not every negative outcome from surgery is considered a legal issue. The focus in a legal context is on whether the medical team failed to follow the accepted standard of care. If the surgeon or medical staff deviated from proper procedures and this resulted in harm, there may be grounds for a legal claim.

How Do Surgical Errors Occur?

Surgical errors can occur for various reasons, including:

• Misidentification of the patient or surgical site.
• Improper sterilization of tools.
• Failure to follow proper protocol.
• Fatigue or distraction among operating room personnel.
• Poor communication between the surgical team and other departments.
• Rushed procedures.
• Inadequate preparation before surgery.
• Deviations from accepted surgical methods due to negligence or oversight.

To determine the cause, our Bethesda surgical error lawyers conduct detailed investigations and then determine whether legal action is appropriate.

What Are Common Types of Surgical Mistakes?

Common surgical mistakes include wrong-site surgeries, in which the procedure is performed on the incorrect part of the body. Another frequent error involves leaving surgical tools, sponges, or other items inside the patient. This can lead to infection, internal damage, or the need for additional surgery.

Other mistakes may involve nerve damage caused by improper technique, accidental puncturing of organs, anesthesia errors, or performing a procedure that was not medically justified. Post-surgical negligence, such as failure to monitor a patient or manage complications, can also result in serious harm.  

Who Can Be Held Liable for a Surgical Error?

Our Bethesda surgical error lawyers know that liability for a surgical error may extend beyond the primary surgeon. Nurses, anesthesiologists, surgical technicians, and the hospital itself may also be responsible if their conduct contributed to the mistake. If an institution failed to provide appropriate training, hired unqualified staff, or lacked proper protocols, it may be held accountable for resulting harm.

Determining liability involves a detailed examination of the medical records, surgical notes, and witness statements. Our Bethesda legal team may also review prior disciplinary actions or complaints involving the medical personnel involved. Establishing liability is a necessary part of pursuing compensation for the patient’s injuries.

What Is Required to Prove a Surgical Error Case?

Several elements must be established to pursue a legal claim involving a surgical error:

1. A doctor-patient relationship existed, and the medical provider owed a duty of care.
2. The provider failed to meet the accepted medical standard.
3. The deviation from standard care directly caused harm to the patient.
4. The patient suffered measurable damages, such as additional medical expenses, physical pain, emotional suffering, loss of income, or long-term disability.

How Long Does a Patient Have To File a Surgical Error Claim in Maryland?

Maryland law places time limits on when a medical malpractice claim can be filed. In most cases, a patient has three years from the date the injury is discovered to initiate legal proceedings. However, no claim can be filed more than five years after the act that caused the injury, regardless of when the harm was discovered.

For minors, the statute of limitations does not begin until the child turns 11 years old, but if the claim involves a foreign object left in the body or an injury to the reproductive system, then the statute does not begin until the child turns 16 years old. The rules for a minor ultimately depend on the type of injury.

Wrongful death claims in Maryland must be filed within three years of the death of the patient or within three years of when the patient should have discovered the injury (§ 3-904). Survival action claims—claims made by the deceased victim’s estate—are subject to the standard five/three-year statute.

What Types of Compensation May Be Available?

Compensation in a surgical error case may include payment for current and future medical expenses related to the injury. Patients may also seek compensation for lost wages, loss of earning potential, and physical pain or emotional suffering. In some cases, compensation may also include damages for loss of enjoyment of life or long-term care needs.

Maryland law places caps on non-economic damages, which include pain and suffering, but not on economic losses. The total amount of compensation depends on the specific facts of the case, including the severity of the injury and its impact on the patient’s daily life.

How Can a Lawyer Help With a Surgical Error Case?

An attorney who is knowledgeable in both medicine and law can identify whether a surgical error occurred and if it meets the legal criteria for a claim. They can obtain and analyze medical records, interview witnesses, and consult with other medical professionals to build a thorough case.

Legal representation can also be important during negotiations with the opposing party and throughout court proceedings. Each stage of the process, from investigation to litigation, requires careful preparation and attention to detail. Since our Bethesda surgical error lawyers understand both legal procedure and medical standards, our team is uniquely positioned to assist with these cases.

Contact the Bethesda Surgical Error Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates

The Bethesda surgical error lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates are prepared to examine the facts of your case and pursue appropriate legal action. For a free consultation, call 202-223-4488 or complete our online form. Located in Washington, D.C, we serve clients in the surrounding areas, including Northern Virginia and Maryland.