If you have been the unfortunate victim of a surgical error, you could be wondering if you can sue your surgeon. More than 28 million operations are performed each year in the US alone, and every one of them involves a chance of risk.

Surprisingly surgical errors occur more often than you may think. Many experts believe that medical mistakes cause nearly a third of all deaths in the US. However, not all surgical errors will constitute a medical malpractice lawsuit.

What Comprises a Surgical Error Lawsuit

It’s important to know that a surgical error is an error made during your surgery that your surgeon could have prevented. According to medical malpractice law, if your surgery resulted in injury to you as the patient due to inattention, negligence, or something the surgeon could have prevented, you can sue your surgeon. In essence, if your surgeon has performed a surgery on you that has fallen below the accepted standard of care, you can ultimately sue.

Failed surgeries will often leave you traumatized and with damages to account for. It would be best if you hired a medical malpractice lawyer to assist you with your lawsuit. There are many instances where you can sue your surgeon. This is why a medical malpractice lawyer would be the best resource for you to utilize when suing your surgeon as they are the specialists in this field.

Types of Surgical Errors That Could Violate the Accepted Standard of Care

Surgeons have been known to make mistakes during operations. Therefore it’s essential to discern if your surgical error is valid. You should be aware of various common surgical errors to identify if you are a victim before undertaking a lawsuit.

Incorrect Site Operation

If a surgeon has operated on you and it’s not the intended site for the surgery, this constitutes a surgical error. This includes the removal of any of your healthy organs as well as any wrongly amputated limbs.

Incorrect Surgery

This type of surgical error is often due to a misdiagnosis or miscommunication with your surgeon. Incorrect operations can result in severe complications.

Foreign Instruments Left Inside Your Body

Sometimes, surgeons make mistakes and leave foreign equipment like scalpels and sponges inside bodies. If this has happened to you, then it’s a valid cause for concern.

Damage to Other Body Parts

You may have undergone an operation, and due to the incompetence of your surgeon, there are damages to other body structures such as your arteries, nerves, and internal organs.


Infections occur due to unsanitized equipment or unclean operating rooms. Should you have developed an infection due to these unsanitary conditions, this can lead to significant damage to your person.

If any of these instances have happened, you can sue, as these are all grounds for surgical errors. However, it is incredibly important to seek a medical malpractice lawyer if you have identified that you are a surgical error victim. This is because of the statute of limitations surrounding medical malpractice lawsuits.

What Compensation Are You Entitled to For Surgical Errors?

Any surgical error malpractice lawsuit aims to compensate you for damages that you may have incurred. Often you will be able to make a claim for pain and suffering and monetary compensation in the form of lost wages and hospital medical bills. In the case that you have been intentionally harmed, you can claim punitive damages. Depending on how severe the surgical mistake is, you will be entitled to an amount that fits the case’s parameters.

Essentially you can sue a surgeon if they have caused you to suffer an injury due to negligence or if they have performed your operation below the level of accepted service standards.


My name is Paul Miller - fitness freak by choice. I intensively study and write about nutrition and health related topics. After reading and researching intensively on human health, I aspire to proliferate the wisdom that I acquired in a simple way.

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