Surgical Errors: When Is a Mistake Considered Negligence?

Surgery is a critical part of modern healthcare, often saving lives and improving quality of life. However, when things go wrong during an operation, the consequences can be life-changing. Not every surgical mistake is considered negligence, but some errors result from a failure to meet the expected standard of care.

In this blog, we’ll explore what constitutes a surgical error, when it might be considered negligence, and what you can do if you believe you’ve been affected.

What Are Surgical Errors?

Surgical errors are mistakes that occur during or immediately after an operation. They can range from minor mishaps with no lasting impact to serious mistakes causing long-term harm or even death.

Examples of surgical errors include:

• Operating on the wrong body part.

• Leaving surgical instruments inside a patient.

• Damaging surrounding tissues or organs unintentionally.

• Administering the wrong dose of anaesthesia.

• Performing a procedure that wasn’t needed or was inappropriate for the condition.

When Is a Surgical Error Considered Negligence?

For a surgical error to be considered negligence, it must meet certain legal criteria. Simply put, negligence occurs when the care provided falls below the standard expected of a reasonably competent healthcare professional, resulting in harm. Here’s what needs to be established:

1. A Duty of Care Was Owed

   • All patients undergoing surgery are owed a duty of care by their surgical team.

     
     

2. The Duty of Care Was Breached

   • The surgical error must be something that another competent professional in the same situation would not have done.

     
     

3. The Breach Caused Harm

   • It must be shown that the error directly caused harm, such as physical injury or the need for further surgery.

     
     

4. There Was Resulting Damage

   • This could include physical injury, emotional distress, or financial loss (e.g., time off work or additional medical expenses).

     
     

What Are the Most Common Causes of Surgical Errors?

While every surgical mistake is unique, there are common factors that often contribute to errors:

• Inadequate Preparation: Failing to review the patient’s medical history or prepare properly for the procedure.

  
  

• Fatigue: Surgeons working long hours may be more prone to errors.

  
  

• Communication Failures: Misunderstandings between members of the surgical team can lead to serious mistakes.

  
  

• Lack of Proper Training: Inexperienced or improperly trained staff can increase the risk of errors.

  
  

• Poor Equipment or Hygiene Standards: Faulty equipment or unsterile environments can lead to complications such as infections.

  
  

  

  
  

What Are the Consequences of Surgical Errors?

Surgical errors can have far-reaching effects, both physically and emotionally. Common consequences include:

1. Physical Injuries: Damage to surrounding tissues, nerves, or organs, leading to pain, disability, or additional surgeries.

   
   

2. Infections: Improperly sterilised equipment or post-operative care can result in serious infections.

   
   

3. Emotional Impact: Patients may experience anxiety, depression, or post-traumatic stress due to their experience.

   
   

4. Financial Loss: Extended recovery periods, additional treatments, or loss of income can place financial strain on patients and their families.

   
   

What Can You Do If You’ve Experienced a Surgical Error?

If you believe you’ve been harmed due to a surgical mistake, you may have grounds for a clinical negligence claim. Here’s what to do next:

1. Request Your Medical Records: These will provide a detailed account of your surgery, including notes from the surgical team.

   
   

2. Seek a Second Opinion: Another healthcare professional can review your case and help determine if negligence occurred.

   
   

3. Document the Consequences: Keep records of your symptoms, additional treatments, and any financial losses.

   
   

4. Get Legal Advice: Speak to experts who specialise in clinical negligence to explore your options.

   
   

Need Help After a Surgical Error?

If you or a loved one has experienced harm due to a surgical mistake, we’re here to help. Use the form below to share your story and any specific concerns you have. Our team can guide you through the process of understanding your rights and taking the next steps.

Surgical errors can be life-altering, but justice and accountability are within reach. Contact us today to discuss your case and learn how we can support you.