Most Common Surgical Errors That Lead to Malpractice Lawsuits

No one walks into surgery expecting something to go wrong. We assume the medical team is prepared, focused, following safety protocols, and taken every precaution to ensure a positive outcome. Despite these efforts, mistakes still happen. 

At Grossman Roth Yaffa Cohen, we’ve worked with many clients across Florida and beyond who have been harmed by preventable surgical errors. These cases are very personal and unique. Every case involves someone who has suffered a catastrophic injury or loss that has caused their life to be disrupted, whose recovery was delayed, or whose future was lost or become uncertain because of a mistake that was preventable. Here’s what you need to know if you’re wondering whether you or a loved one is the victim of surgical malpractice.

Retained Foreign Objects

One of the most alarming, preventable surgical errors we see is when a surgeon or operating team leaves something behind in the patient, such as surgical sponges, needles, or even surgical instruments themselves. This isn’t a minor oversight. These objects can cause serious infections, internal organ damage, or even death. When a foreign object is discovered post operatively, it’s often a sign that something went very wrong with the safety protocols in place. Having correct counts in place is not rocket science!

Wrong-Site Surgery

It’s hard to imagine, but we’ve seen cases where a procedure was done on the wrong body part or worse, on the wrong person entirely. These errors are often the result of miscommunication, rushed pre-op procedures, or failures to double-check critical information. For the patient, the emotional and physical toll is immense, and the damage is often permanent.

Anesthesia Mistakes

Anesthesia is one of the most delicate parts of any surgery. When it’s handled correctly, you should feel nothing and wake up safely. But when anesthesia is mismanaged—whether through incorrect dosage, failure to monitor the patient and his or her vital signs, or overlooking key health information—the consequences can be devastating and often result in brain injury, cardiac arrest, or even death. These errors are particularly heartbreaking because patients are most vulnerable when under anesthesia and unable to communicate that there is an evolving problem. These patients are at the mercy of those administering the anesthesia and those performing the surgery.

Postoperative Negligence

A successful surgical outcome doesn’t end in the operating room. The hours and days afterward are critical. If medical staff fails to monitor a patient properly, misses early signs of infection, or ignores symptoms of internal bleeding, the result can be just as dangerous as anything that happened intraoperatively. Postoperative care is part of the duty that your medical team is obligated to provide, and when it’s lacking, it can be grounds for a medical malpractice claim.

Inadequate Informed Consent

Before any procedure, you should be fully informed of the risks, benefits, and alternatives. That’s not just good practice—it’s your right. If your doctor failed to explain what could go wrong in surgery, didn’t answer your questions, or minimized your concerns, and you suffered a complication you were never warned about, you may have a valid case for medical malpractice. Consent isn’t just a signature on a form—it’s a conversation. And when that conversation doesn’t happen, patients are denied control over their own healthcare. Patients are entitled to make informed decisions about their healthcare.

Why Do Surgical Errors Happen?

Surgical mistakes don’t happen in a vacuum. Your medical providers have lives outside of the hospital setting and often, these mistakes occur as a direct result. Many of these problems include but are not limited to: 

• Fatigue and inattention: Surgeons and nurses are human. Long shifts, emergency cases, and staffing shortages can lead to exhaustion and impaired judgment.
• Breakdowns in communication: A missed note, misunderstood or inadequate instructions, a rushed handoff between teams and many other breakdowns can lead to catastrophic outcomes.
• Flawed systems: Sometimes, it is the entire system that is flawed and lacking. Hospitals and surgical centers that don’t enforce strict safety protocols and guidelines make these kinds of errors more likely to occur.
• Efficiency pressures: When hospitals push to increase procedure volumes, use cheaper, lower-quality products, or discharge patients too soon, it can often lead to rushed processes, poor patient care, and catastrophic results.
• Training gaps: Not every medical provider in the operating room has the same level of experience. Inadequate training, supervision or oversight—especially during complex or high-risk procedures, can increase the likelihood of mistakes.

The root cause is often a combination of these factors. That’s why investigating a surgical error takes more than just reviewing a medical chart — it requires asking the right questions, looking at every step of the communication and care before, during and after the surgery. Understanding how people, systems, and decisions interacted throughout is critical in putting these cases together.

Do These Mistakes Count as Malpractice?

Not every bad outcome, or every mistake, is medical malpractice, but when a medical provider breaches the accepted standard of care, and you have been harmed as a direct result, that’s the legal definition of medical malpractice in Florida.

What does that mean in real terms? It means your surgical team had a duty to act reasonably and safely, and if they didn’t, and you were injured as a result, you may be entitled to compensation. That includes both economic and non-economic damages that are made up of your bills, lost wages, as well as your pain and suffering, disfigurement, and the inability to enjoy life. 

Our firm can help you figure out whether you or your loved one has been the victim of medical malpractice. We work closely with our in-house investigators and medical experts to understand what went wrong, and why.

What Should You Do if You Suspect a Surgical Error?

If something doesn’t feel right after surgery, trust your instincts and take action to find out the truth. Here’s what we recommend:

1. Seek a second opinion: A second medical opinion will ensure that you are getting the care you need going forward and shine a light on what went wrong in your care.
2. Get your medical records: This is often the first step in understanding what happened.
3. Keep notes: Write down your symptoms, any follow-up treatments, and anything you remember about your care. Keep a journal to record your physical and emotional suffering during your care and recovery. Don’t hesitate to take photos.
4. Talk to a lawyer early: These cases are complex, and Florida law has strict time frames within which to act. Your failure to comply with these statutes of limitation may prevent you from pursuing your rights, even if there has been clear malpractice. The sooner we can investigate, the better your chances of building a strong case.

You Deserve Answers—And Accountability

No one expects a negative surgical outcome or a mistake to happen intraoperatively. But when that happens, you have the right to ask questions and to hold the parties responsible accountable.

At Grossman Roth Yaffa Cohen, we don’t just handle cases, we help people get answers and try to achieve every bit of justice that the law allows. Our team includes seasoned trial lawyers, in-house medical investigators, and professionals with the experience to uncover the truth. We handle surgical malpractice cases with compassion, urgency, and the dedication our clients deserve.

If you think something went wrong with your surgery, contact our experienced medical malpractice attorneys for a free case review. We’re here to help you understand your rights, and to fight for justice when it’s needed most. Consultations are confidential, and you don’t pay anything unless we win or make a recovery on your behalf.