According to a John Hopkins study, 10 percent of all U.S. deaths are due to medical error. The study has also shown that medical error is the third highest cause of death in the U.S. Over 250,000 deaths per year are due to medical error. The highest number of medical malpractice claims related to hospital care involves surgical errors. At least 4000 surgical errors occur each year in the United States each year.
It has been shown that the consequences of surgical mistakes range from temporary injury in 59% of the cases, permanent injury in 33% of people affected, to death in 6.6% of the cases.
Types of surgical errors
There are many different surgical errors that a medical professional can commit. Some of the most commonly reported errors are:
Operating on the wrong body part
It may be hard to believe, but shockingly, “wrong site error” occurs more commonly than you may think. Studies have shown that surgeons make wrong-site errors in about one in 100,000 surgeries. Operating on the wrong side of the body or wrong body part results in unnecessary incisions and puts patient at a greater risk of infection and other complications. In some cases, it may also result in unnecessary removal of an organ. It can also cause damage to other body parts and cause permanent scarring.
Wrong patient surgery
Again, it may sound nightmarish, but in some cases, patient charts may get interchanged and as a result, a patient may receive a wrong or an unnecessary surgery. The patient may suffer serious complications as a result of unnecessary surgery.
Wrong type of surgery
Quite similar to wrong site surgery, wrong type of surgery is when an unnecessary surgical procedure is performed or a surgical procedure is not carried out correctly. When this happens, the patient has to recover from a surgery that did nothing to treat the underlying condition. In fact, their condition may become worse. There have been cases where an amputation has been performed either due to a misdiagnosis or miscommunication.
Accidental incisions
This can occur when the wrong body part is marked for surgery. Sometimes, it can also occur as a result of recklessness or carelessness of the medical professional. They may make an incision and then realize that the spot is too far from the actual spot.
Foreign objects left inside the patient
This is a common surgical error wherein a surgeon leaves a surgical instrument or tool inside the patient’s body. This can cause a lot of pain and complications. Moreover, the patient will have to undergo an additional surgical procedure to remove the foreign object from the body.
These are some of the commonly reported surgical errors. Other types of surgical errors include the use of wrong surgical instruments, anesthesia errors, medical errors, botched plastic surgeries, improper monitoring, or causing damage to nerves, muscle fibers, or tissues.
What constitutes medical malpractice?
Not all surgical mistakes automatically result in a medical malpractice claim. It is important to understand that for a surgical error to be considered medical malpractice, certain conditions need to be present, the most important among them is breach of the standard of care. In legal terms, standard of care is the level at which the average, prudent medical provider in a given community would practice. It is how similarly qualified medical practitioners would have managed the patient’s care under the same or similar circumstances. The plaintiff will also need to prove that the error was caused by negligence and that the medical practitioner’s negligence resulted in injury and damages.
Contact a medical malpractice attorney
Surgical errors can cause lifelong complications. It is critical that if you are a victim of a surgical error, you immediately seek assistance of a season medical malpractice attorney. They will determine what your rights as a patient are and what is the best strategy to handle your case. The lawyer will ensure that you get the compensation you deserve.