What Happens If a Surgeon Makes a Mistake During Surgery?

When a surgeon’s error causes you harm, you may have grounds for a medical malpractice claim. To succeed, you must show that: The surgeon owed you a professional duty of care. They breached that duty by deviating from accepted medical standards. Their mistake directly caused your injury. If all three elements are proven, you can seek compensation for medical bills, lost wages, pain and suffering, and other losses.

How Much Does It Cost to Sue a Surgeon?

Filing a medical malpractice lawsuit involves more than attorney fees. You’ll also encounter: Court filing fees (typically $100–$500) Costs for copying and obtaining medical records Expert-witness fees Miscellaneous expenses (process service, deposition transcripts) Many malpractice attorneys work on contingency, meaning they only collect fees if you recover compensation. Always clarify fee structures and out-of-pocket costs upfront.

What Is the Average Medical Malpractice Settlement in Ohio?

Settlement values vary widely, but 2023 data from the National Practitioner Data Bank shows: 170 malpractice cases reported in Ohio $81.36 million paid out in total An average payout of approximately $480,000 per case Keep in mind that your case’s value depends on factors like injury severity, medical expenses, lost income, and long-term care needs.

Dayton Surgical Error Lawyers | Free Consultations

Q: How Do You Prove a Surgical Error?

Establishing fault in a surgical-error case generally involves these key steps: Doctor-Patient Relationship: Prove that the surgeon agreed to treat you, typically shown through medical records and appointment notes. Standard of Care: Show what a competent surgeon would have done in the same situation. Expert testimony from qualified medical professionals is crucial here. Identification of the Error: Pinpoint the specific mistake—wrong-site surgery, anesthesia mishaps, improper technique, or retained instruments—using operative reports, imaging, and expert review. Causation: Link the surgeon’s error directly to your injury. Medical records and expert opinions must demonstrate that, but for the error, you wouldn’t have been harmed. Informed Consent & Timeliness: Verify whether you were properly informed of risks before surgery. Also, act quickly—state statutes of limitations set strict deadlines for filing malpractice claims. Expert Witnesses: Retain experienced surgeons or other medical experts to testify about the standard of care, the error itself, and its impact on your health. Comprehensive Evidence: Gather all relevant documentation—medical charts, photographs, witness statements, and expert analyses—to build a solid, well-organized case.

Surgical Error Lawyers in Dayton, OH

As Ohio’s top personal injury firm, the medical malpractice attorneys at Attorney Michael Wright understand how devastating catastrophic surgical errors are for victims and their families. It is estimated that surgical mistakes occur at a rate of about 40 times per week in U.S. hospitals. Surgical errors can include:

Administering incorrect anesthesia
Leaving sponges or tools inside patients
Operating on the wrong body part or patient
Using unsanitary instruments
Making improper incisions

Our firm has earned a reputation for aggressively pursuing legal claims on behalf of people who’ve been the victims of medical malpractice, including serious surgical errors. Attorney Michael Wright always puts the injured first, and all of our medical malpractice lawyers work hard to ensure that the victims of surgical errors recover the compensation they need to rebuild their lives.

Why You Need an Experienced Surgical Error Lawyer

In Ohio, victims of surgical errors may be able to file a medical malpractice lawsuit in order to recover compensation. Compensation in surgical error cases include:

Medical bills
Pain and suffering
Lost wages and other damages.

Any type of medical malpractice lawsuit is going to be extremely complex, as few doctors will admit to making operating room errors in patient charts or other reports. To be sure your case is fully investigated and handled correctly, you need to retain a personal injury lawyer with extensive experience litigating Ohio medical malpractice and surgical error lawsuits.

Ohio Surgical Error Lawsuits

Though medical professionals are required to adhere to a standard set of operating room procedures to prevent surgical mistakes, such errors continue to occur far too often. Common Surgical errors we handle include:

Wrong‑site, wrong‑patient, or wrong‑procedure surgery
Retained surgical instruments or sponges
Anesthesia mistakes and blood‑typing errors
Organ puncture or perforation
Delayed or prolonged surgery
Inadequate post‑operative care
Excessive scarring and medication errors

Our lawyers partner with top medical experts to review your surgical records, identify deviations from standard care, and pinpoint the cause of your injury.

How Attorney Michael Wright Advocates For You

It’s rare for a doctor or hospital to inform a patient or their family when a serious operating room mistake has occurred. If you or a loved one recently had surgery, and your condition has worsened, or if you’ve needed additional procedures, it would be in your best interest consult a lawyer to determine whether malpractice occurred. At Attorney Michael Wright, we can guide you through each step.

Thorough Case Review: We examine your medical charts, operative notes, and any imaging.
Expert Collaboration: We retain surgeons, anesthesiologists, and other specialists to testify about the standard of care.
Demanding Accountability: We negotiate firmly with hospital and insurer defenses, refusing lowball offers.
Ready for Trial: If insurers won’t settle fairly, we’ll take your case before a jury.

Get A Free Surgical Error Case Evaluation Today

If you believe you or a loved one were a victim of a surgical error, contact Attorney Michael Wright today. In most cases, Ohio law requires that medical malpractice lawsuits be filed within one year of the incident or the discovery of the incident, so it’s essential to act quickly. For a free, no-obligation legal evaluation of your case, simply fill out the online form on the right, or give Attorney Michael Wright a call at (937)-222-7477.

Frequently Asked Questions About Surgical Error Cases

How Do You Prove A Surgical Error?

To succeed in a surgical error lawsuit, you must show that your surgeon made a preventable mistake and that it caused you harm. Here’s what a typical case involves:

Doctor–Patient Relationship
Show that the surgeon agreed to treat you, establishing a legal duty of care. Appointment logs and medical records usually confirm this.
Standard of Care
Expert witnesses explain what a reasonably skilled surgeon should have done. Any deviation from this standard may indicate negligence.
Identification of the Error
Use surgical reports, imaging, and expert review to identify what went wrong—such as wrong-site surgery, anesthesia mistakes, or retained instruments.
Causation
Prove that the error directly caused your injury. Medical experts must confirm that, if not for the mistake, your outcome would have been better.
Informed Consent
Show whether you were properly warned of known risks before surgery. A lack of consent may be a separate violation of your patient rights.
Acting Within the Statute of Limitations
In Ohio, most surgical malpractice claims must be filed within one year of the incident or discovery of harm. Don’t delay.
Expert Witness Testimony
Ohio law requires testimony from a qualified medical expert to establish what went wrong and how it harmed you.
Documentary Evidence
Gather everything: operative notes, medical charts, second opinions, photos, and witness statements. A strong case depends on detailed records and skilled legal support.