When surgical procedures go wrong, the consequences can devastate patients and families across Austin, TX. Medical negligence during surgery represents one of the most serious forms of medical malpractice, potentially leading to permanent injuries, extensive medical expenses, and profound emotional distress. Whether you’ve experienced anesthesia errors, wrong patient procedures, or complications due to medical negligence, understanding your rights under Texas medical malpractice law becomes crucial for recovering compensation.
At Byrd Davis Alden & Henrichson, LLP, we bring over 65 years of experience helping victims of medical errors navigate complex medical malpractice claims. As Austin’s oldest personal injury firm, our experienced surgical error attorneys understand how medical malpractice occurs and work tirelessly to hold negligent medical providers accountable. We handle these challenging cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your losses. Our experienced legal team has secured over $100 million for clients facing devastating injuries from healthcare provider’s actions.
What Are Surgical Errors?
Medical malpractice involving surgical procedures encompasses far more than simple mistakes. A surgical error occurs when healthcare professionals deviate from accepted standards of care during medical procedures, causing preventable harm. These errors differ from known surgical risks because they result from medical professional negligence rather than unavoidable complications.
Understanding what constitutes a surgical error helps determine whether you have grounds for a medical malpractice lawsuit. Common examples of surgical mistakes that may qualify as medical malpractice include:
Operating on the wrong patient or incorrect surgical site
Administering incorrect dosages causing anesthesia errors
Leaving surgical instruments or sponges inside patients
Damaging nerves, organs, or blood vessels during procedures
Delayed diagnosis of post-operative complications
Hospital negligence in maintaining sterile environments
Medication errors during or after surgery
Unnecessary surgery performed without proper indication
Emergency room errors leading to surgical complications
Improper treatment of post-operative infections
These types of medical malpractice can lead to severe consequences, including additional surgeries, permanent disability, or even wrongful death. When healthcare providers fail to meet professional standards, victims may pursue compensation through a Texas medical malpractice lawsuit.
How to Prove a Surgical Error Case
Establishing liability in medical malpractice law requires demonstrating four essential elements. Our Austin surgical error lawyers work with medical experts to build compelling cases proving each component.
Duty of Care
All medical providers and healthcare practitioners owe patients a professional duty of care. This legal responsibility includes following established surgical protocols, maintaining proper sanitation, and communicating risks effectively. Texas law requires surgeons and other healthcare professionals to meet the standard of care any reasonable medical professional would provide under similar circumstances.
Negligence
Medical negligence occurs when healthcare professionals breach their duty through substandard care. Examples of negligent behavior include fatigue-induced errors, inadequate pre-operative planning, or failure to review medical records properly. Hospital negligence may involve understaffing, inadequate training, or systemic failures enabling medical errors.
Causation
Proving causation requires demonstrating the healthcare provider’s actions directly caused your injuries. This often requires testimony from medical experts who can explain how the negligence led to harm. Obtaining medical records promptly and seeking immediate medical attention strengthens causation arguments in your medical malpractice claim.
Losses
To seek compensation in a medical malpractice lawsuit, you must demonstrate measurable losses. These damages may include:
Current and future medical bills and medical expenses
Lost wages and diminished earning capacity
Pain and suffering endured due to the error
Emotional distress and psychological trauma
Non-economic damages such as loss of enjoyment of life
Punitive damages in cases of gross negligence
Wrongful death damages for family member losses
Understanding Your Legal Options After a Surgical Error
When medical malpractice occurs, victims face critical decisions about pursuing justice. The legal process for filing a medical malpractice claim involves complex procedures and strict deadlines under the statute of limitations. In Texas, you typically have two years from discovering the injury to file a medical malpractice lawsuit, though exceptions may apply.
Our experienced surgical error lawyer team guides clients through every step, from initial consultation through trial if necessary. We understand how types of medical malpractice cases differ and tailor our approach accordingly. Whether your case involves emergency room errors, anesthesia errors, or other healthcare provider negligence, we have the resources and experience to pursue compensation effectively.
Many victims worry about affording legal representation while facing mounting medical bills. We operate on a contingency fee basis, eliminating upfront costs and ensuring access to justice regardless of financial circumstances. This arrangement allows you to focus on healing while we handle the legal process of holding negligent medical providers accountable.
Steps to Take After Experiencing a Surgical Error
Taking appropriate action following a surgical error protects both your health and legal rights. Our Austin surgical error attorneys recommend these critical steps:
Seek immediate medical attention from a different healthcare provider to address complications and document injuries. This creates an independent record of harm caused by the surgical error. Collect all medical records, surgical notes, and billing statements related to your procedure and subsequent treatment.
Document your experience thoroughly, including symptoms, conversations with medical providers, and how injuries impact daily life. Photograph visible injuries and maintain a journal tracking pain and suffering, emotional distress, and limitations on activities. This documentation proves invaluable when establishing non-economic damages.
Exercise caution when discussing your case. Avoid posting on social media or providing detailed statements to hospital representatives or insurance companies without legal counsel. Contact an experienced surgical error attorney promptly to protect your rights and preserve evidence. Our team can help you understand whether your experience qualifies as considered medical malpractice under Texas medical malpractice law.
Following your surgical error attorney’s guidance ensures you meet all deadlines under the statute of limitations and properly file a medical malpractice claim. We handle communications with healthcare providers and insurance companies, allowing you to focus on recovery while we build your case for maximum compensation.
Contact Byrd Davis Alden & Henrichson, LLP for Your Surgical Error Case
Navigating the aftermath of a surgical error requires skilled legal representation from Austin surgical error lawyers who understand both medicine and law. At Byrd Davis Alden & Henrichson, LLP, our Board Certified Personal Injury attorneys bring unmatched experience to medical malpractice claims. Since 1959, we’ve built a reputation for holding healthcare professionals accountable when their negligence causes harm.
Our firm’s recognition includes listing among Best Law Firms in the U.S. by U.S. News & World Report, with attorneys featured in Super Lawyers and Best Lawyers. We’ve recovered over $100 million for injured clients, including those harmed by surgical mistakes, wrong medication administration, and improper treatment. When medical errors cause catastrophic injuries or a patient’s death, we fight relentlessly to seek compensation for affected families. Whether your case involves complex surgical malpractice or clear hospital negligence, we have the resources and determination to pursue justice. Contact us today through our online form or call us at 512-454-3751 to discuss your legal options during a confidential consultation.