Duty of Care and Medical Malpractice Over Surgical Errors

When we seek medical help, the expectation is clear: doctors, nurses and other healthcare professionals will provide care that meets established standards. Unfortunately, this is not always the reality. Surgical errors, while rare, can occur and be devastating, potentially leading to severe complications or even death.

It is crucial for patients and their families to understand the concept of duty of care, how surgical errors happen and when these incidents qualify as medical malpractice. Those in Georgia can seek skilled Atlanta medical malpractice representation from Moriarty Injury Lawyer. We can make a significant difference in seeking justice and compensation.

Understanding Duty of Care

Duty of care is a fundamental legal principle that establishes a healthcare provider’s obligation to deliver competent and safe medical care to their patients. It is explained in The American Medical Association’s Code of Medical Ethics. This duty arises when a patient seeks medical assistance and the healthcare provider agrees to diagnose and treat the patient’s condition. The law holds that providers must adhere to the accepted standards of care within their medical community.

In any surgical procedure, the duty of care encompasses everything from the decision to operate to obtaining informed consent, the performance of the surgery and the post-operative care provided to the patient. If a healthcare provider fails to uphold this duty and, as a result, a patient suffers harm, this may amount to medical negligence.

How Surgical Errors Occur

Surgical errors can manifest in various forms, including:

• Wrong-site Surgery: Operating on the wrong body part or even the wrong patient.
• Anesthesia Errors: Administering too much or too little anesthesia, leading to complications.
• Foreign Objects Left Behind: Sponges, tools or other foreign materials are left inside the patient’s body after surgery.
• Inadequate Monitoring: Failure to properly monitor a patient’s vital signs during or after surgery can lead to undiagnosed complications.

According to the National Institutes of Health, wrong-site surgical errors occur in approximately 1 in 100,000 cases, but can be as high as 4.5 in 10,000 for specific procedures. Wrong-site surgeries can lead to significant harm, with a 2.7% mortality rate and a 41.5% permanent injury rate.

The BMJ medical journal published a study in November 2024 revealing that more than a third of patients admitted to the hospital for surgery have adverse events related to their care, and at least 1 in 5 of these complications is the result of medical errors.

One study identified 142 serious surgical errors in California hospitals, with 67.6% requiring subsequent surgery for repairs.

These errors can stem from various factors, including a lack of communication among surgical teams, insufficient training, system errors and even sheer fatigue from overworked medical staff. Despite the low percentage, when surgical errors do occur, the consequences can be catastrophic.

When Surgical Errors Become Medical Malpractice

Not every surgical error equates to medical malpractice. To qualify, specific criteria must be met:

1. Proving Duty of Care: You must demonstrate that a doctor or healthcare provider owed you a duty of care during your treatment.
2. Breach of Standard of Care: Evidence must indicate that the healthcare provider deviated from the accepted standard of care. This often requires testimony from medical experts.
3. Causation: It must be proven that the breach directly caused your injury or worsened your condition.
4. Damages: The injury must result in measurable damages. These include additional medical bills, lost wages, pain and suffering and other related expenses.

Proving Medical Malpractice in Cases of Surgical Error

An experienced Atlanta medical malpractice attorney, like Daniel J. Moriarty, can guide you through the legal process. Daniel’s background as a former defender of healthcare professionals gives him unique insights into how to counter typical defenses used in malpractice claims. Since 2018, he has successfully advocated for countless clients, securing some of Georgia’s highest malpractice verdicts and settlements.

If you or a loved one has suffered due to a surgical error, it’s crucial to seek the guidance of a qualified medical malpractice attorney. Not only can they assist in filing a lawsuit to hold negligent parties accountable, but they can also help secure compensation for your suffering.

At Moriarty Injury Lawyer, we understand the devastation that can result from medical malpractice and are committed to fighting on your behalf. With extensive experience pursuing justice for clients harmed by the negligence of others, we strive to ensure you receive the most advantageous outcome for your case.