Understanding Surgical Errors and Their Impact on Medical Malpractice

Introduction

Surgical errors remain a persistent problem within the hospital setting and result in serious injuries to patients as well as legal problems to the health professional concerned. For litigators that are focused on medical malpractice, it is important to appreciate the finer details surrounding surgical errors in order to deliver a strong case. This article will discuss in detail the various kinds of surgical errors that occur, how they can be avoided, the rights of patients who have been disadvantaged in this process, and what role medical records review services have in such incidents.

Errors That Lead to Medical Malpractice Cases

Surgical errors refer to unintended events that occur while executing surgical procedures as well as during the recovery phase following surgery. These errors not only threaten the health and well-being of the patients but also put the healthcare professional in a position of legal malpractice. Below are the most prominent types of surgical errors and their respective categories:

1. Wrong Site Surgery

Practice of wrong site surgery involves conducting a surgical operation on the wrong site or organ of the body. The Joint Committee on Health observes that such processes are considered to be errors that should not occur since the cause is usually ineffective communication on the part of the surgical teams.

2. Retained Surgical Instruments

Retained surgical instruments include surgical sponges and scalpels and are associated with serious complications including infection and often another surgical procedure. The American College of Surgeons states that such an error happens in every one out of 1,500 procedures.

3. Anesthesia Errors

Life-threatening situations are caused by errors made during anesthesiology. These could be a result of wrong doses being given, poor communication regarding allergies to the patient or inadequate supervised care in the course of the surgery.

4. Inadequate Surgical Technique

All surgical techniques and procedures must be okay and implemented. If not, there will be postoperative issues such as profuse bleeding, infection and other forms of poor healing.

5. Failure to Obtain Informed Consent

Patients have the right for any procedure to be performed after being given an explanation of the risks that such a procedure carries and the benefits it carries as well. It is also possible for claims in court to be made due to lack of ‘informed’ consent and the subsequent injury the patient sustains from the said procedure.

6. Postoperative Errors

Postoperative errors include wrongful care of the patient after surgery which could have been avoided in case the patient mistakes were observed correctly.

How to Prevent Surgical Errors and Medical Malpractice

Preventing surgical errors requires a multifaceted approach involving healthcare providers, administrators, and patients. Here are several strategies that can be employed:

1. Implementing Checklists

Use of surgical checklists has been associated with a reduced number of errors. WHO has developed a Surgical Safety Checklist, which aims to facilitate verbal exchange and compliance with safety standards.

2. Enhanced Training and Education

Elimination of surgical errors can be achieved through continuous training of the surgical teams on new available techniques and protocols. It is necessary to establish periodic training for the whole surgical personnel.

3. Effective Communication

Communication among the surgical teams is very important. Ensuring that there is a culture of effective communication between the different team members can prevent mistakes from occurring.

4. Patient Involvement

Involving patients more in their own care and treatment can lead to better outcomes. Patients must be encouraged to know of upcoming procedures and have the freedom to voice any issues.

5. Utilizing Technology

Advancements in technology, such as electronic health records (EHRs) and surgical navigation systems can help reduce the likelihood of errors. These systems provide real-time data and alerts that enhance decision-making.

6. Regular Audits and Feedback

Basing on the findings of surgical audits and providing constructive feedback, some patterns of errors can be established as well as learning opportunities.

Surgical Errors & Patients' Legal Rights

Patients who suffer from surgical errors have specific legal rights. Understanding these rights is crucial for attorneys representing clients in medical malpractice cases.

1. Right to Safe Medical Care

Patients have the right to expect safe and competent medical care. If a surgical error occurs due to negligence, patients may be entitled to compensation.

2. Right to Informed Consent

Patients must be informed about the risks associated with their procedures. Failure to obtain informed consent can lead to legal action against the healthcare provider.

3. Right to Seek Compensation

Patients harmed by surgical errors can seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

4. Right to Access Medical Records

Patients are entitled to obtain copies of their medical records most of which help in substantiating a claim against a medical practitioner. The review of medical records for this case is done by reputable companies that search for the right records and check them against the possible errors.

5. Right to Legal Representation

Patients can make use of legal representation for the purposes of pursuing medical malpractice lawsuits. Medical malpractice attorneys are useful when building a case.

Case Studies

Case Study 1: Retained Surgical Instrument

Overview of the Case: A 45-year-old female was scheduled for an elective abdominal surgery. After the operation, she suffered from pain complications and required a further intervention because a surgical sponge was accidentally placed within her abdomen.

Challenges: The initial surgical team denied any wrongdoing, claiming the sponge was not visible during the procedure.

Solutions: By doing a medical records review, our medical records review team searched for the evidence that would be helpful against the surgeon’s team. The attorney and the medical records review team were able to prepare the case for a successful outcome and compensation for the patient.

Compensation: The patient received a substantial settlement, covering medical expenses, lost wages, and pain and suffering.

Case Study 2: Wrong Site Surgery

Overview of the Case: A 35-year-old man underwent a procedure to repair a torn ligament in his left knee. However, the surgical team performed the procedure on his right knee instead.

Challenges: The provider of the health services argued the patient had made a mistake with his account and provided the knee that was unaffected.

Solutions: Our medical records review team reviewed the patient's records, finding evidence of a pre-operative consultation where the patient explicitly stated the affected knee. We worked with the attorney to demonstrate the healthcare provider's negligence.

Compensation: The patient received a significant settlement, covering medical expenses, lost wages, and pain and suffering.

Conclusion

The consequences of a surgical error can be more than just an injury to a patient and also subject the healthcare workers to lawsuits. An understanding of the common types of surgery errors and their preventive measures as well as knowing the rights of the patients enables attorneys to defend his clients effectively in cases of medical malpractice. Such companies ` such as medical records review companies are equally important in this particular lawsuit as well, they provide expert testimony in the area of medical records and interpretation to look for possible errors. Together, however, we can make sure that the patients are served justice.