Common Surgical Medical Malpractice Claims
A nurse preparing to put a breathing mask on someone undergoing surgery

Common Surgical Medical Malpractice Claims

When you have to go through a surgical procedure for an injury or condition, you may already worry about what’s to come. It’s a rational fear. Unfortunately, surgical errors can occur, leaving patients suffering from the ongoing pain and suffering that comes with this type of negligence.

Doctors, nurses, and anesthesiologists are human. They make mistakes. Unfortunately, it’s often innocent patients who end up suffering harm as a result. As such, it helps to understand some common surgical errors that can arise, and your rights to seek compensation following an error.

Common surgical medical malpractice claims include:

  • Items left inside the patient

  • Failure to timely diagnose and treat intraoperative complications

  • Delayed surgical intervention

  • Damage to internal organs

  • Infections

If you suffer a severe injury because of a medical professional’s negligence, call our firm at (866) 629-1061.

Items Left Inside the Patient

Once the surgery is complete, the doctor will close up the patient; this is routine. However, it’s vital that the doctors and nurses ensure no items are still inside the patient before they proceed with closing the incision site. Items that have been left inside the patient include:

  • Sponges

  • Needles

  • Surgical tools

When an item is left inside the patient, it creates the risk of internal organ damage. If the doctor leaves a surgical tool inside of a patient, it can puncture organs, veins, and more, resulting in significant damage.

Failure to Timely Diagnose and Treat Intraoperative Complications

Any error or complication that occurs during an operation must be addressed immediately. For instance, if another organ suffers damages during the surgery or internal bleeding occurs, the doctor should take steps to diagnose and treat the issue. Failure to timely diagnose or treat intraoperative complications creates long-term injuries or potentially fatal damage.

One major intraoperative condition we see in many of our cases is clot formation that increases the risk of stroke or cardiac incident.

Delayed Surgical Intervention

Once a doctor diagnoses a patient with a condition or injury, they must provide proper treatment. Unfortunately, when a doctor delays surgical intervention, it means the condition can worsen. Internal bleeding is one condition that may require surgical intervention. Any delay can be fatal.

Damage to Internal Organs

During surgery, a doctor can make a mistake that causes damage to other internal organs. Precision is of the utmost importance during surgery, and the smallest miscue can result in the doctor puncturing another internal organ. The patient would require additional medical care, further surgery, or suffer significant damages over the long term.


Doctors must ensure that they have a sterile working environment and surgical tools. If they don’t, they can spread bacteria into the patient’s open wound, resulting in infections and the long-term problems that accompany them. An infection can become so severe that it requires further medical procedures – maybe even amputation of the infected limb.

In many situations, sepsis and other infections can be fatal. If this happens, the patient’s family may be the plaintiffs and file a wrongful death lawsuit for the surgical malpractice.

At Grossman Roth Yaffa Cohen, we work to obtain compensation when our clients deserve it most. You should never have to endure because a medical professional has failed their duty of care. We stand up to professionals and the large corporations that represent them, working hard to hold negligence accountable and pursue justice.

Our South Florida medical malpractice attorneys are here for you. We stand in your corner from start to finish, working to help you understand your rights and options. We know how devastating this situation can be for you, and we use more than three decades of experience to seek maximum compensation on your behalf. Trust us to be your voice.

Call our firm today at (866) 629-1061 and request a free consultation. We’re prepared to answer all of your questions so that you know what to expect.


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