When you or a loved one undergoes surgery, trust in the medical team is paramount. Unfortunately, surgical errors can shatter this trust, leading to severe consequences for the patient. The impact can be devastating, whether it’s a wrong-site surgery, anesthesia mistake, or postoperative infection due to negligence. If you’ve experienced a surgical error, it’s critical that you understand your complete rights and seek the justice and compensation you deserve. 

At Byrd Davis Alden & Henrichson LLP, we have a longstanding history of advocating for victims of medical malpractice, providing skilled and compassionate legal support to navigate these complex cases. If you need assistance holding those who are liable for your losses accountable, an Austin surgical error lawyer can help. We can also simplify the process of receiving complete compensation for the damages you face.

What Are Surgical Errors?

Generally speaking, a surgical error is an unintentional injury that happens during a surgical procedure. Surgical errors are not expected risks or side effects of undergoing a procedure.

If you have been subjected to a surgical error or suspect that you have, it may be beneficial to familiarize yourself with some of the most common mistakes a surgeon will make. The following are a few examples of surgical errors:

  • Incorrect surgical site, such as the wrong body part, side of the body, or patient
  • Too much or too little anesthesia or other sedatives
  • Failing to identify and react to complications with anesthesia
  • Leaving surgical equipment inside the patient
  • Damage to nerves, causing pain, numbness, tingling, or other issues
  • Internal issues
  • Miscommunication
  • Unnecessary procedures
  • Lack of training
  • Provider burnout
  • Mislabeled specimens

Other issues may also qualify as surgical errors. If you need assistance determining whether you were subjected to a surgical error and need support, we at Byrd Davis Alden & Henrichson LLP can help. We can discuss your concerns, options for legal action, the compensation you will likely receive, and much more.

How to Prove a Surgical Error Case

You can prove liability in a surgical error case by adequately demonstrating four essential elements during proceedings.

Duty of Care

All medical care providers, including doctors and surgeons, are expected to follow the law and their general duty of care to patients. Part of this duty is following the best protocol for procedures, keeping adequate track of tools used during a procedure, using clean tools, communicating with the patient about expectations, and making a genuine effort toward maintaining a patient’s well-being and safety.

Negligence

Negligent behavior occurs when someone breaks their duty of care. Negligence increases the risk of severe injury or other bodily harm during a given situation. For example, a surgeon may be negligent if they do not keep adequate track of the number of tools they have used. This is potentially negligent because it significantly increases the probability of leaving foreign bodies in a patient.

Additionally, a hospital may be negligent if they have overworked their staff, including a surgeon performing a procedure on you.

Causation

You must demonstrate that someone’s negligence directly contributed to an injury or the severity of bodily harm. This is because, while negligent behavior increases the risk of damage, being negligent does not cause injury 100% of the time.

Generally, you can establish causation by seeking a second medical opinion shortly after noticing the incident. The sooner you seek medical care, the better you are likely to be well-perceived during litigation.

Losses

To receive compensation for your surgical error claim, you must demonstrate you experienced severe loss. Most often, these losses are monetary. Some examples of losses you can objectively demonstrate include medical costs, loss of wages, and court fees.

Steps to Take After Experiencing a Surgical Error

If you have experienced a surgical error and are still deciding what steps to take next, we can help. Our recommendations will make it easier to navigate legal matters, obtain compensation for your losses, and heal as completely as possible. The following are our suggestions for your strategies and next steps:

  • Seeking immediate medical attention
  • Documenting the incident and injury
  • Collect evidence related to your case, if possible
  • Communicate carefully with insurance, sharing as little as possible
  • Avoid accepting settlement offers without speaking to an Austin surgical error attorney
  • Stay offline and avoid social media
  • Refrain from discussing your legal matters with others, including friends and family
  • Do your best to only speak with an Austin surgical error lawyer about your claim
  • Follow your lawyer’s recommendations for personalized next steps

We encourage you to speak with Byrd Davis Alden & Henrichson LLP as soon as possible to improve your odds of legal success during this difficult time. When you retain our support, we can explain why each suggestion we make is helpful, recommend further steps based on your unique needs, and help you prioritize healing.

Speak With a Lawyer From Byrd Davis Alden & Henrichson LLP: Get Invaluable Support From a Surgical Error Lawyer

Navigating the aftermath of a surgical error can be daunting and stressful. At Byrd Davis Alden & Henrichson LLP, we are committed to providing dedicated and personalized legal support to our clients. As Austin’s oldest personal injury law firm, established in 1959, we have a proven track record in handling complex medical malpractice cases, including surgical errors. Our team of Board Certified Personal Injury attorneys brings a wealth of experience and a deep understanding of the legal intricacies involved in these cases.

Choosing us means partnering with a firm recognized for its excellence. We have been named among the Best Law Firms in the U.S. by U.S. News & World Report, and our Austin surgical error attorneys are listed in Super Lawyers and Best Lawyers. We prioritize achieving fair settlements but are fully prepared to litigate in court if necessary. Contact us today at (512) 253-3948 or through our contact form to discuss your case and explore your options for securing the compensation you deserve.