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Surgical Errors and Mishaps Cases
Sometimes serious injuries occur as a result of a surgical mistake that should have been avoided.
Have you or a loved one been injured as a result of surgical error?
Specifically in a:
- Army hospital
- Naval hospital
- Air Force hospital
- Veteran's (VA) Hospital
We may be able to help.
Contact us right away to discuss whether you have a claim against a military or veterans hospital for surgical mistakes.
Common Types of Surgical Errors We Handle
- Wrong-site surgery or wrong procedure performed
- Surgical instruments or sponges left inside the body
- Nerve damage during surgery
- Anesthesia errors (too much, too little, or wrong type)
- Post-operative infections due to unsanitary conditions
- Improper surgical technique causing unnecessary injury
- Failure to obtain proper informed consent
- Inadequate post-operative care and monitoring
- Surgical burns from electrocautery devices
- Organ puncture or damage during procedures
The Impact of Surgical Errors
Surgical errors can lead to:
- Additional corrective surgeries
- Prolonged recovery and rehabilitation
- Permanent disability or disfigurement
- Chronic pain and suffering
- Infections and complications
- Loss of organ function
- Inability to return to work
- In severe cases, wrongful death
Veterans who suffer surgical malpractice deserve compensation for medical expenses, lost wages, pain and suffering, and diminished quality of life.
Never Events: Inexcusable Surgical Mistakes
Some surgical errors are so egregious they're classified as "Never Events" - mistakes that should never happen under any circumstances:
- Wrong-patient surgery
- Wrong-site surgery (operating on the wrong body part)
- Wrong procedure performed
- Retained foreign objects (instruments left inside patient)
- Wrong implant or medical device used
When Never Events occur, they are clear evidence of negligence and strong grounds for FTCA claims.
How Surgical Errors Happen
Surgical mishaps can result from multiple failures:
Before Surgery:
- Inadequate pre-operative evaluation
- Failure to review patient history and allergies
- Poor surgical planning
- Lack of proper informed consent
During Surgery:
- Surgeon fatigue or impairment
- Poor communication among surgical team
- Defective or improper use of surgical instruments
- Anesthesia miscalculations
- Failure to follow proper surgical protocols
After Surgery:
- Inadequate post-operative monitoring
- Failure to recognize complications
- Delayed treatment of infections
- Poor wound care
Why You Need a Doctor-Attorney for Surgical Error Cases
Surgical error cases require deep understanding of:
- Surgical procedures and techniques
- Standard of care for specific operations
- Anesthesia protocols
- Post-operative care standards
- Medical record interpretation
The Archuleta Law Firm has a doctor-attorney (Dr. Michael Archuleta, M.D., J.D., M.B.A.) who personally understands surgical procedures and can identify negligence that other attorneys might miss.
Time Limits for Filing
You must file an administrative claim with the VA or Department of Defense within 2 years of discovering the surgical error. Some errors are immediately obvious, while others (like retained foreign objects) may not be discovered until months or years later.
Don't wait. Contact us immediately for a free case evaluation.
Frequently Asked Questions
What is the most common type of surgical error?
Retained foreign objects (surgical sponges, instruments) and wrong-site surgeries are among the most common preventable surgical errors. Infections and nerve damage are also frequent complications of surgical negligence.
Can I sue if my surgery at a VA hospital had complications?
Not all surgical complications are malpractice. You may have a claim if the surgeon or medical team deviated from accepted standards of care, causing preventable harm. Our medical team can evaluate whether your complications resulted from negligence.
How much compensation can I receive for a surgical error?
Compensation depends on the severity of your injuries, medical expenses, lost income, and long-term impacts. The Archuleta Law Firm has secured multi-million dollar settlements and judgments for severe surgical error cases.
What if the surgical error happened years ago?
The 2-year statute of limitations generally begins when you discovered (or should have discovered) the error. Even if your surgery was years ago, you may still be able to file a claim. Contact us immediately to determine your eligibility.