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Surgical
Mistakes
Surgical mistakes make up some of the most frequently reviewed
potential medical malpractice cases. These can range from
errors regarding the administration and monitoring of anesthesia,
the type and length of incision, the surgery itself, and the
inadvertent cutting or injuring of nerves, organs, or other
vital body parts. They even encompass the post surgical care
and follow up.
Serious and permanent brain injury can occur from improper
administration of anesthesia. The wrong type of incision could
cause unnecessary complications because of stretching or poor
visual ability. Operating room equipment malfunctions also
contribute to surgical errors. Moreover, errors in operation
of that equipment, like prolonged use of a tourniquet without
the surgeon’s knowledge during surgery, prolonged use
of the bypass machine during heart surgery, all can have devastating
consequences.
Importantly, not every bad result means that malpractice
occurred during surgery. Unintended complications occur every
day without negligence. For instance, a person could be allergic
to the anesthesia and go into anaphylactic shock and die.
However, there may have been no way to predict this allergy
beforehand and thus a terrible outcome occurs without negligence.
Infection is also a common unintended and unfortunate complication
that can have devastating effects even though malpractice
was not involved in the care. In infection cases, the issue
frequently hinges upon the timely diagnosis and treatment
regime instituted for the infection. Additionally, the organism
causing the infection should be cultured and matched with
the appropriate antibiotic which will be the most effective
against that organism.
Often, the seriousness and permanence of the injury dictate
whether the medical care was substandard. For instance, during
surgery, a nerve might be injured by the surgeon. This can
occur in a number of ways including the compression of the
nerve by a surgical instrument or by stretching of the nerve
during the surgery. Generally, a nerve injury caused by this
mechanism is not considered malpractice. However, if a nerve
is completely severed or transected, then that is usually
considered malpractice. Also, with respect to inadvertent
scalpel cuts to the tissues or organs, whether medical negligence
is involved frequently centers around the proximity of the
injury to the operative site. Generally, the more remote in
distance the injury is from the operative site, the more likely
medical negligence was involved.
Post surgical follow up care can also give rise to allegations
of substandard care. The surgeon must be attentive to the
patient and provide them with the proper monitoring following
surgery until discharge from the hospital. If signs and symptoms
are not addressed in a timely fashion, the patient can suffer
severe consequences.
The key to distinguishing between a bad outcome arising out
of negligence and a bad outcome arising out of an unintended,
but known and accepted risk of surgery, lies in the review
of the records by a qualified surgeon.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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