The Legal Consequences of Surgical Errors

Surgical errors can have serious and far-reaching legal consequences, with potentially devastating effects for the patient and their family. From medical malpractice lawsuits to criminal prosecution, the repercussions of such mistakes can be far-reaching and life-altering. In this article, we’ll explore the legal consequences of surgical errors, what patients and medical professionals need to know, and how to prevent them from occurring. Keep reading to learn more.

Medical Malpractice Lawsuits

A civil lawsuit for malpractice due to surgical error is a legal action taken against a medical professional or healthcare facility when the patient believes they have suffered harm due to negligence during a medical procedure. It can be filed by the patient, their family members, or other individuals who were affected as a result of the surgery gone wrong. In most cases, this type of lawsuit is brought under tort law which allows an injured person to seek compensation from another party whose actions caused them harm. When a patient is the victim of medical malpractice, they may be able to recover damages through legal action with the help of a surgical error attorney Chicago. In order to do so, the patient must establish that their injury or illness was caused by malpractice on the part of a doctor or other medical professional.

To prove this, patients must provide evidence such as testimony from an expert witness and documentation showing that the care given did not meet accepted standards of practice in medicine. Patients can then seek monetary compensation for their losses and suffering due to malpractice. This includes reimbursement for medical bills associated with treating the resulting injuries and illnesses, out-of-pocket expenses related to those treatments (such as travel costs), lost wages due to missed work days, pain and suffering endured during treatment or recovery periods, long-term disability payments if applicable, punitive damage awards intended as punishment for extreme cases of malpractice, and more. Depending on state laws governing these matters—as well as whether or not additional parties are involved—other forms of compensation may also be available.

Negligence Investigation


An investigation seeks to determine if a surgical error was caused by negligence, and if so, who was responsible. These investigations are conducted by hospital and medical associations, state medical boards, and other organizations that have the authority to review medical records and issue sanctions against medical providers who have violated their standards of care. An investigation can be initiated by a patient or their family, or by a medical association or board. In many cases, a patient or their family may bring a claim to the attention of a hospital or other medical provider, or to a state medical board. In some cases, the state medical board may initiate an investigation of its own accord. When the investigation is initiated, experts are typically called in to review the medical records and conduct interviews with the medical personnel involved in the case. These experts may include medical malpractice attorneys, medical experts, and medical investigators. The medical investigators will review the medical records, interview the medical personnel, and may even visit the location where the surgery or medical procedure took place in order to gain a better understanding of the circumstances leading up to the surgical mistake.

Criminal Prosecution


Criminal prosecution for a surgical error can include charges such as negligent homicide, reckless homicide, or involuntary manslaughter. The severity of the charges depends on the circumstances surrounding the error and the harm that resulted. For example, if a medical professional failed to take the necessary precautions to prevent post-operative infection and the patient died, they may be charged with negligent homicide. In addition to criminal liability, healthcare professionals may face civil liability if they are found to be responsible for a surgical error. A patient or their family may bring a claim against the medical professional for medical malpractice. In a civil suit, the patient or their family may be entitled to compensation for damages such as medical bills, lost wages, and pain and suffering.

It is essential that medical professionals understand the potential legal ramifications of any medical errors they may make, so they can take measures to avoid them. A lawyer can assist with representing you in a surgical error case.