When you undergo surgery, you place your trust in a Maryland hospital and its medical professionals. When something goes wrong though, you may be left feeling confused, overwhelmed, and unsure of what happened or where to turn.
At Miller Stern Lawyers LLC in Baltimore, we know how to handle these cases. Our litigation team works with medical professionals to separate known risks from preventable surgical errors, and we handle these cases on a no-fee-unless-we-win basis so that cost does not keep injured patients from learning the truth.
When a Bad Surgical Outcome May Be More Than Just a Complication
Before a serious surgery, doctors often warn that complications are possible. Complications are known risks that can occur even when everyone does their job correctly. For example, a patient might develop a mild infection despite careful sterile technique, or experience nausea from anesthesia that clears up with proper treatment. These events are unfortunate, but they usually fall within what you were told to expect.
A surgical error is different. A surgical error is a preventable mistake or breakdown in care that falls below what reasonably careful surgeons and hospital teams would do in the same situation. Needing a second emergency surgery because a sponge was left inside your body is not a routine complication. Discovering that a nerve far away from the surgical site was severed, or that you received medication meant for another patient, also raises red flags that something went beyond accepted risk.
Common Types of Surgical Errors
Surgical procedures carry inherent risks, but certain mistakes should never occur when proper protocols and safety standards are followed. When preventable errors happen in an operating room, the consequences can be life-altering for patients and their families.
Some of the more common surgical errors include:
- Wrong-site surgery: This occurs when a surgeon operates on the wrong body part or the wrong side of the body.
- Wrong procedure: This happens when a different operation is performed than the one the patient consented to.
- Wrong-patient surgery: This mistake involves performing a procedure on the incorrect patient due to identification failures.
- Retained surgical items: This error involves leaving sponges, instruments, or other objects inside the patient’s body after surgery.
- Anesthesia errors: These mistakes include administering an improper dosage or failing to adequately monitor the patient during the procedure.
- Nerve damage: This can result from improper surgical technique or incorrect positioning during the operation.
- Unsterilized equipment: This involves the use of contaminated instruments, which can lead to severe infections.
When a surgical outcome raises concerns, a thorough review of the medical records and surgical protocols is often necessary to determine whether a preventable error occurred. Identifying the specific cause is an important step toward pursuing accountability and protecting patient safety.
How Surgical Errors Happen Inside the Operating Room
From the outside, an operating room can seem like a perfectly choreographed environment where every move is controlled. In reality, safe surgery depends on a series of coordinated steps and constant communication, and breakdowns at any point can set the stage for a surgical error.
Surgical errors can happen due to the following:
- Lack of communication: Misunderstandings between surgeons, nurses, or anesthesiologists can lead to critical mistakes.
- Fatigue: Long shifts and extended procedures can impair judgment and reaction time.
- Substance impairment: The use of alcohol or drugs can compromise a provider’s ability to perform safely.
- Inadequate planning: Failure to properly review records, imaging, or surgical plans can result in preventable errors.
- Incompetence: A lack of necessary skill, training, or experience can increase the risk of harm.
When safety systems break down in the operating room, the results can be devastating. Identifying how and why an error occurred is often the first step in determining whether malpractice may have taken place.
Warning Signs You May Have Experienced A Surgical Error
In the middle of a difficult recovery, it can be hard to know whether what you are experiencing is within the range of normal, or whether it signals that something went wrong in the operating room. While only a detailed review can confirm malpractice, there are certain warning signs that should prompt you to look more closely and consider speaking with a surgical error lawyer in Maryland.
Warning signs of a surgical error include, but aren't limited to:
- Increasing pain
- Unexplained symptoms
- Severe swelling, drainage, or redness
If you notice warning signs that do not match what you were told to expect, seeking a second opinion and speaking with a Maryland surgical error attorney can help you better understand your options.
How Maryland Law Treats Surgical Errors & Malpractice Claims
Knowing that something went wrong is one thing. Understanding how Maryland law views that situation is another. Medical malpractice cases in Maryland, including surgical error claims, rest on a set of core elements that must be shown with evidence, not just suspicion or outcome alone.
To pursue a claim, you generally must show:
- Duty of care: The medical provider owed you a professional duty to follow accepted standards.
- Breach of duty: The provider failed to meet the applicable standard of care.
- Causation: The breach directly caused or worsened your injury.
- Damages: You suffered measurable harm, such as additional medical bills, lost income, etc.
Maryland also requires that medical malpractice claims be supported by a Certificate of Merit from a qualified medical professional who reviews the records and affirms that there was a departure from the standard of care that caused harm.
Reach Out to Our Team for Guidance
Reaching out to a surgical error lawyer in Maryland does not commit you to filing a lawsuit. It is a way to get an informed, independent view of what happened and what your choices are.
In a free, confidential consultation, we can listen to your story, review available records, and explain how Maryland law may apply to your situation. If we believe you have a viable claim, we can discuss next steps. If not, you will at least have clearer answers and can focus on your recovery with more peace of mind.
You do not have to navigate the aftermath of a suspected surgical error on your own. Call us at (410) 529-3476.