What to Do After a Surgery Goes Wrong: Steps to Take if You Suspect Medical Malpractice

Patients have the right to understand the benefits and risks of every type of surgery they may need. Hospitals and surgeons should anticipate the likely complications that may occur – and be ready to handle those emergencies quickly and competently. Sometimes, patients will know within a few hours or days that something went wrong during surgery. Other times, the injuries due to surgical mistakes may not appear for weeks, months, or even years.

The best course of action to take the moment you suspect something about your surgery or the surgery of a child or loved one went wrong is to contact our experienced medical malpractice lawyers immediately. We can help you search for the evidence you need, such as all relevant medical records and communications. Our team can also work with medical experts throughout the Washington, D.C. region who can explain what went wrong during surgery, why that surgical mishap was preventable, and why the medical providers should be held accountable.

What types of mistakes occur during surgeries?

Surgical errors generally fall into two categories: “never” events and “possible” events that require competent medical care.

Events that should never happen during surgery include:

• Operating on the wrong patient or the wrong body part. Hospitals and physicians should know their patients, have procedures in place to confirm the identity of patients, and should know what type of operation and what body part (including which side of the body) they’re operating on. Surgeries are about providing care for humans. They shouldn’t be assembly lines.
• Performing the wrong procedure. There’s no excuse for performing the wrong orthopedic, neurological, or other procedure. As obvious as this may seem, it does happen. An example is performing cataract surgery but not inserting the correct lenses.
• Leaving a foreign object in the patient. A system should be in place to account for every surgical tool, sponge, and other objects before and after surgery. Foreign objects can cause infections, pain, nerve damage, and other injuries.
• Other types of never events. These include discharging a baby to the wrong parents, using the wrong medical device or an unsafe medical device, operating while under the influence of alcohol or drugs, and administering the incorrect blood type, which can cause organ failure, allergic responses, or even death.

Many surgical mistakes occur because the medical team fails to anticipate, manage, and monitor any complications likely to occur during surgery. These mistakes include:

• Anesthesia errors (such as administering the improper dosage)
• Failing to consider the correct procedure in the event of complications (such as performing a C-section when there are difficulties in a vaginal birth)
• Using the wrong tools or cutting incisions improperly
• Oxygen deprivation, especially during birth injuries
• Failing to monitor the patient after surgery

Generally, hospitals, doctors, and nurses are responsible for surgical mistakes that competent medical providers in the Washington, D.C. area would not have made. Medical providers are not responsible for unavoidable complications.

Why does surgical malpractice happen?

Our medical malpractice lawyers work to show that surgical mistakes are due to one or more of the following causes:

• Poor communication. The medical team should communicate before and during surgery to clarify how the surgical team will perform the surgery and how they will handle complications.
• Lack of cleanliness. The surgical team should ensure the sterilization of the facility, the equipment/medical devices, and everyone’s hygiene to reduce the risk of infections and contamination.
• Hospitals should not overwork their residents and interns. Doctors should not perform more surgeries than they can competently handle.
• Incompetency and inexperience. The general and specialty surgeons (such as neurosurgeons), the nurses, and anyone else who participates in the surgery should have the necessary credentials, skills, and training (including current education) to perform surgeries and handle complications.
• Defective surgical equipment and medical devices. Manufacturers may be responsible if defective surgical tools or devices, such as certain types of vaginal mesh products, are used. Hospitals and doctors should understand if there are any recalls of any medical products.

What should you do if you suspect your surgeons committed malpractice?

Generally, hospitals or ambulatory surgery centers should not release you until they’ve had a chance to observe you and speak with you. Their failure to do so is a cause for concern. They should also arrange for follow-up visits with the appropriate care providers to help review how you are feeling. You should attend these follow-up visits and not assume that you are OK.

You should suspect your surgery did not go well if:

• You begin to experience fever or signs of an infection
• Your recovery is taking longer than you expect
• You have continual pain
• You have pain or redness at the site of your surgery
• You have unusual or severe symptoms
• The surgical team had to treat complications during the post-surgery monitoring stage

If you suspect your surgery is unsuccessful, you should contact experienced medical malpractice lawyers who can advise you. Some of the steps our lawyers might take include:

• Recommend physicians who can examine you. These doctors will help establish whether your poor health is due to surgical malpractice or to other causes, such as that you need more time to heal.
• Review your medical records. This review includes discussing why you sought medical care, all of your health providers, the dates you saw them (to the best of your knowledge), and your prescriptions. We can request your medical records (you’ll need to sign a consent) from all your doctors.

If our medical experts suspect medical malpractice, we can discuss your right to file a medical malpractice claim in Washington, D.C. We can explain how the claims process works, including some of the more formal steps, such as requesting the full medical records of your surgery and questioning everyone involved.

How much time do you have to file a medical malpractice claim?

Normally, the time limit for filing a personal injury or a wrongful death claim in Washington, D.C. is three years from the date of the injury (the surgery). We can also explain if the time limit can be extended if the errors were not discoverable until after your surgery.

We recommend contacting us immediately to review your medical needs and speak with everyone while their memories are fresh.

Please contact Paulson & Nace, PLLC, through this contact form or by calling our office.