When Surgical Mistakes Cause Serious Harm

Under Texas Civil Practice and Remedies Code § 74, patients harmed by medical negligence, including surgical errors, may pursue a medical malpractice claim. To succeed, a patient must show that the healthcare provider breached the accepted standard of care and that the breach caused injury. At Davis Law Group, we help patients hold negligent medical professionals accountable when surgical mistakes lead to devastating consequences.

Types of Surgical Mistakes

Surgical errors can occur in many ways, from minor issues to serious, life-threatening events. Common examples include:

  • Operating on the wrong body part
  • Leaving surgical instruments or sponges inside the patient
  • Causing preventable nerve or organ damage
  • Improper administration of anesthesia
  • Failing to maintain sterile conditions

Even routine surgeries can have catastrophic outcomes when medical providers do not follow established protocols.

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What Are the Common Causes of Surgical Errors?

Most surgical mistakes are preventable and often stem from:

  • Poor communication among surgical team members
  • Inadequate preoperative planning
  • Fatigue or lack of rest
  • Inexperience or insufficient training
  • Hospitals failing to enforce safety protocols
  • Understaffed operating rooms
  • Distractions during surgery
  • Use of outdated or faulty equipment
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What Are “Surgical-Never” Events?

The medical community uses the term “never events” to describe mistakes so severe that they should never occur. Examples include performing the wrong procedure, operating on the wrong patient, or leaving foreign objects inside a patient’s body. These events are universally recognized as unacceptable and are almost always the result of negligence or carelessness. Victims of surgical never events often suffer permanent harm that requires additional surgeries or lifelong medical care.

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Procedures With the Highest Rates of Surgical Errors

While any surgery carries risk, some procedures are more frequently associated with errors. For example:

  • Orthopedic surgeries, such as joint replacements, have a high rate of wrong-site operations.
  • Abdominal surgeries often involve errors like leaving surgical sponges or instruments inside the patient.
  • Cardiac and vascular procedures carry significant risks when communication failures or equipment issues occur. 

Even relatively common surgeries, such as gallbladder removals or hernia repairs, can have serious complications if proper care is not taken.

Damages for Surgical Errors

Patients injured by surgical errors may recover a range of damages. These can include medical expenses for corrective procedures and ongoing care, lost earnings or diminished earning capacity, and non-economic damages for pain, suffering, and diminished quality of life. 

Texas law does place caps on non-economic damages in medical malpractice cases; however, economic damages, such as medical bills and lost income, are not capped. An experienced surgical error attorney from our firm will carefully calculate the full scope of losses to pursue maximum recovery.

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Joshua P. Davis

Why Choose the Davis Law Group?

Surgical error cases are often complex and rely on detailed medical evidence and expert testimony. At Davis Law Group, our surgical error attorneys combine extensive knowledge of medical malpractice law with the resources needed to fully investigate and prove negligence. We guide clients through every step of the legal process with compassion while aggressively advocating for justice, whether through negotiation or trial.

Our team provides personalized attention, strategic representation, and a proven track record of results. If you or a loved one has been harmed by a surgical error, contact Davis Law Group today to discuss your options and protect your rights.

Surgical Error FAQs

What should I do if I was injured due to a surgical error?

How much does it cost to hire a surgical error lawyer?

Who can be held liable for a surgical error?

How long do I have to file a claim in Texas?

Why do I need a surgical error lawyer?

What should I do if I was injured due to a surgical error?

If you were harmed by a surgical error, seek medical attention immediately and keep detailed records of your treatment. Avoid discussing the incident publicly, and contact Davis Law Group as soon as possible. We can help review your case and guide you through pursuing the compensation you deserve.

How much does it cost to hire a surgical error lawyer?

At Davis Law Group, we handle these cases on a contingency fee basis, meaning you pay nothing up front and only owe fees if we secure compensation for you.

Who can be held liable for a surgical error?

Depending on the circumstances, liability may rest with the surgeon, anesthesiologist, nurses, or even the hospital itself for failing to enforce safety protocols.

How long do I have to file a claim in Texas?

Generally, you must file a medical malpractice claim within two years of the error, though certain exceptions may apply. That’s why it’s crucial to reach out to Davis Law Group promptly so we can review your case and take the necessary steps before deadlines expire.

Why do I need a surgical error lawyer?

Surgical error cases are often complex, involving detailed medical evidence, expert testimony, and strict legal deadlines. Our attorneys can help you gather necessary documentation, work with medical experts, navigate the legal process, and advocate for the compensation you deserve.

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