The Difference Between Surgical Risks and Errors

Surgery always involves uncertainty. Even with the best surgeons, advanced technology, and proper planning, every procedure carries some level of risk. Patients are routinely asked to sign consent forms acknowledging these known risks before surgery begins. But while risks are an expected part of medical treatment, errors are not.

At Moriarty Injury Lawyer in Atlanta, we help patients and families understand the crucial difference between surgical risks and surgical errors — and when a preventable mistake becomes medical malpractice.

Understanding Surgical Risks

A risk is a complication that can occur even when a surgeon and medical team follow the proper standard of care. In other words, a risk is something that can happen despite everything being done correctly.

Common known surgical risks include:

• Infection
• Bleeding
• Adverse reactions to anesthesia
• Nerve damage
• Scar tissue formation
• Blood clots

These risks vary depending on the type of surgery, the patient’s health, and other factors. Hospitals and surgical centers are required to inform patients of these risks beforehand to ensure informed consent.

Signing a consent form does not mean a patient accepts negligence — only that they understand complications are possible even with appropriate care.

What Is a Surgical Error?

A surgical error is something that happens because proper care was not taken, not simply because surgery carries risk. These errors go beyond expected complications and instead involve preventable mistakes.

Examples include:

• Operating on the wrong body part
• Performing the wrong procedure
• Leaving surgical tools or sponges inside the patient
• Incorrect incisions
• Anesthesia errors due to oversight or miscalculation
• Failure to monitor vital signs
• Delayed or improper response to complications
• Inadequate sterilization leading to avoidable infection

Research published in BMJ Quality & Safety estimates that more than 4,000 preventable surgical errors occur in the U.S. each year, often called “never events” because they should never happen when proper protocols are followed.

When such an error causes injury, worsening health, or death, it may constitute medical malpractice.

When a Surgical Error Becomes Medical Malpractice

Not every bad outcome is malpractice. For a surgical error to be considered negligence under Georgia law, three elements must be shown:

• A duty of care existed — the surgeon or medical team had an obligation to provide treatment that meets accepted medical standards.
• A breach of that duty occurred — the surgeon or medical staff acted in a way that fell below those standards.
• The breach caused injury — the error must be directly connected to the harm suffered.

Some common malpractice-associated situations include:

• A surgeon ignoring or misreading lab results
• Failure to follow surgical safety checklists (required in most Atlanta-area hospitals)
• Inadequate pre-operative planning
• Poor communication among surgical staff
• Fatigue, distraction, or impairment during surgery

Facilities such as Emory University Hospital, Northside Hospital, Piedmont Atlanta, and Grady Memorial follow strict safety protocols, but errors can still occur when guidelines aren’t followed.

Why the Distinction Matters

Hospitals and insurance companies often try to categorize errors as “known risks” to avoid liability. But patients are not responsible for preventable mistakes. Understanding the difference gives you the power to protect your rights.

A surgical error may lead to:

• Additional surgeries
• Permanent disability
• Infection or internal damage
• Extended recovery time
• Emotional and financial hardship

You do not have to face these consequences alone.

How Moriarty Injury Lawyer Helps Surgical Error Victims

Medical malpractice cases are complex. They require expert testimony, detailed investigation, and a firm that understands both the medical and legal issues involved.

Our team:

• Reviews medical records for signs of negligence
• Consults trusted medical experts
• Determines whether proper standards of care were followed
• Builds a case to pursue compensation for medical bills, lost income, pain and suffering, and long-term care needs

We represent clients across Atlanta and surrounding Georgia communities with compassion, diligence, and the determination to hold negligent providers accountable. Our firm has recovered over $150 million for our clients since 2019.

You Deserve Answers — And Accountability

If you or a loved one suffered harm because of a suspected surgical error, it’s important to act quickly. Georgia law limits how long you have to file a medical malpractice claim.

Contact Moriarty Injury Lawyer today for a confidential and free consultation. We’ll help you understand your rights and determine whether your injury resulted from an unavoidable risk — or a preventable surgical error.