Illinois Surgical Error Lawyers

Compassionate Medical Malpractice Attorneys for Victims of Surgical Errors in Naperville, St. Charles, and Throughout Illinois

Surgical procedures carry inherent risks, but when preventable errors occur due to negligence, the consequences can be devastating. Surgical errors are among the most serious forms of medical malpractice, often resulting in permanent injury, disability, or death. Victims of these mistakes may have the right to pursue a medical malpractice claim to seek compensation and accountability.

At John J. Malm & Associates, we represent individuals and families who have been harmed by preventable medical mistakes—especially those that occur in the operating room. With decades of combined experience handling complex medical malpractice claims across Illinois, our attorneys understand the devastating impact a surgical error can have on your health, your finances, and your future. We’ve successfully pursued justice against hospitals, surgeons, and healthcare providers who failed to uphold their duty of care. If you or a loved one suffered harm during surgery due to negligence, we are here to investigate, advocate, and help you recover the compensation you deserve.

What Are Surgical Errors?

Surgical errors are mistakes made during the course of a surgical procedure that deviate from the accepted standard of care and result in harm to the patient. Not all adverse outcomes are considered malpractice—only those that are the result of negligence, incompetence, or lack of proper care.

Common Types of Surgical Errors:

• Wrong-site surgery: Operating on the wrong body part or the wrong patient.
• Retained surgical instruments: Leaving tools such as sponges or scalpels inside a patient’s body.
• Nerve damage: Accidental severing or injury to nerves during surgery.
• Organ perforation: Unintended puncture or laceration of internal organs.
• Anesthesia errors: Administering too much or too little anesthesia or failing to monitor a patient’s vital signs.
• Infections due to poor hygiene: Not following sterilization protocols.
• Failure to monitor post-op: Failing to detect complications or take appropriate steps during recovery.

These types of errors are often referred to as “never events”, meaning they are entirely preventable and should never occur if proper protocols are followed.

Statistics on Surgical Errors

Surgical errors are more common than most people realize and represent a significant portion of medical malpractice claims.

• A 2013 study by Johns Hopkins University estimated that surgical “never events” occur at least 4,000 times a year in the United States. These include wrong-site surgeries, retained foreign objects, and other gross errors.
• According to the National Practitioner Data Bank (NPDB), over 9,744 malpractice payments related to surgical errors were reported between 2010 and 2020.
• A study published in the journal Surgery analyzed malpractice claims between 1990 and 2010 and found that:
  • 62% involved retained foreign objects.
  • 21% involved wrong procedures.
  • 17% involved surgery on the wrong body part.
• A 2019 report from a medical liability insurance company found that 25% of surgical malpractice claims involved a failure in clinical judgment or communication.

These statistics underscore how critical it is to ensure that surgical procedures are conducted with the utmost care, precision, and adherence to protocol to ensure patient safety.

Common Causes of Surgical Errors

Surgical errors can arise from a range of preventable factors. Some of the most common causes include:

1. Lack of Communication

Miscommunication between surgeons, nurses, anesthesiologists, and other operating room staff can result in serious errors. This includes incorrect labeling of surgical sites, misunderstanding of patient history, or failure to confirm the procedure.

2. Inadequate Preoperative Planning

Failing to review the patient’s medical records or history can lead to anesthesia complications or allergic reactions. Surgeons also need to prepare for any potential complications based on individual health risks.

3. Fatigue and Burnout

Long shifts, high patient volume, and emotionally taxing work can lead to physical and mental exhaustion, which increases the likelihood of errors in judgment or motor function.

4. Inexperience or Incompetence

Some surgical errors are due to a surgeon’s lack of skill or familiarity with a particular procedure or technology. Residents or junior staff may be more prone to errors without proper supervision.

5. Failure to Follow Protocols

Operating rooms are governed by detailed procedures designed to prevent mistakes, such as the World Health Organization’s Surgical Safety Checklist. Skipping steps or failing to verify critical information increases the risk of errors.

6. Technology or Equipment Malfunction

While less common, failures in surgical tools, monitoring equipment, or robotic systems can also lead to harmful mistakes if not detected and addressed quickly.

Legal Basis for a Surgical Malpractice Claim

Not all surgical complications are grounds for a malpractice lawsuit. To bring a successful claim for a surgical error, a patient must demonstrate that:

1. A doctor-patient relationship existed (duty of care),
2. The surgeon breached the standard of care (negligence),
3. The breach directly caused harm (causation),
4. The patient suffered actual damages (economic or non-economic losses).

What Is the Standard of Care?

In legal terms, the “standard of care” is what a reasonably competent medical professional with similar training would have done under the same circumstances. If a surgeon’s actions fall below this accepted standard and cause injury, they may be liable for malpractice.

Types of Damages Available for Medical Malpractice Claims:

• Economic damages: Medical bills, rehabilitation, lost wages, future earnings.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life.
• Punitive damages: In rare cases, where conduct was grossly negligent or intentional.

How Surgical Error Claims Are Investigated

Surgical malpractice claims typically require thorough investigation and expert medical testimony. A plaintiff’s attorney will gather:

• Medical records, including surgical notes and pre/post-op evaluations.
• Testimony from medical experts in the same specialty.
• Hospital protocols and compliance records.
• Witness statements from nurses or other operating room staff.
• Evidence of prior complaints or disciplinary actions against the surgeon.

The legal process often includes pre-suit discovery, depositions, mediation, and, if necessary, trial.

Preventing Surgical Errors

Hospitals and surgical centers implement various protocols to reduce the risk of surgical malpractice:

• The WHO Surgical Safety Checklist: A 19-step checklist that has been shown to reduce surgical complications and mortality rates by over 30% in some studies.
• Time-Out Procedures: Mandatory pauses before surgery to verify the patient, procedure, and site.
• Continuous Training and Credentialing: Regular assessment of surgeon competence and adherence to updated best practices.
• Electronic Medical Records and Tracking: Better recordkeeping reduces communication errors and keeps surgical teams coordinated.

Statute of Limitations for Surgical Malpractice Claims

In most states, there is a limited window of time in which a patient may file a medical malpractice claim. For example, in Illinois, the statute of limitations is:

• 2 years from the date the patient knew, or reasonably should have known, about the injury.
• A maximum of 4 years from the date the malpractice occurred, regardless of discovery.
• For minors, the time may be extended until 8 years, but no later than the patient’s 22nd birthday.

Consulting with a qualified Naperville medical malpractice attorney promptly is essential to preserve your rights and build a strong case.

What Should You Do If You Suspect a Surgical Error?

If you believe you or a loved one suffered harm due to a surgical error, take the following steps:

1. Request and preserve all medical records.
2. Seek a second opinion to assess the damage and potential corrective treatment.
3. Consult with a medical malpractice attorney who has experience handling surgical claims.
4. Avoid discussing the case with the doctor, hospital representatives, or insurers without legal counsel.
5. Document everything, including symptoms, treatment, and communications with providers.

Frequently Asked Questions (FAQs) About Surgical Errors and Malpractice

What qualifies as a surgical error for a malpractice claim?

A surgical error may qualify as malpractice if it resulted from negligence or a failure to meet the accepted standard of care and caused harm to the patient. This includes wrong-site surgery, retained instruments, anesthesia mistakes, or post-operative neglect.

How do I prove that a surgical error was due to negligence?

Proving negligence typically requires:

• Medical records and surgical reports,
• Expert medical testimony,
• Documentation showing the standard of care was not met,
• Evidence that the breach caused your injury.

An experienced medical malpractice attorney can help build a compelling case.

Is every bad surgical outcome considered malpractice?

No. Some surgeries involve known risks and complications that are not due to negligence. A bad outcome only rises to malpractice when the harm was preventable and caused by a deviation from the standard of care.

How long do I have to file a lawsuit for a surgical error?

In Illinois, you generally have:

• 2 years from the date you knew or should have known about the injury,
• A maximum of 4 years from the date the malpractice occurred,
• For minors, up to 8 years, but not beyond their 22nd birthday.

Every case is different, so it’s best to consult a lawyer as soon as possible.

What compensation can I receive in a surgical malpractice case?

You may be entitled to:

• Past and future medical expenses,
• Lost wages or earning capacity,
• Pain and suffering,
• Emotional distress,
• Disfigurement or disability damages,
• In some cases, punitive damages.

Will my case go to trial?

Many medical malpractice cases settle out of court. However, if a fair settlement cannot be reached, your attorney may recommend proceeding to trial to pursue full compensation.

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

At John J. Malm & Associates, our medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing upfront. Legal fees are only collected if you recover compensation through a settlement or verdict.

Get Help After a Surgical Error — Contact John J. Malm & Associates Today

A surgical error can leave you feeling betrayed, confused, and overwhelmed—but you don’t have to face it alone. At John J. Malm & Associates, we understand how deeply medical mistakes can impact your life. Our experienced Illinois medical malpractice attorneys are here to help you uncover the truth, hold negligent providers accountable, and pursue the compensation you deserve.

If you or a loved one has been injured due to a surgical error, don’t wait. The sooner you speak with an attorney, the better your chances of protecting your legal rights and building a strong case. Contact us today for a free, no-obligation consultation.

Call John J. Malm & Associates now at 630-527-4177 or fill out our online form to schedule your free case evaluation. We’re here to help you seek justice.