Orange County Surgical Error Lawyer

Surgery is only successful if the outcome was to improve your condition, not worsen it. Unfortunately, surgical and procedural errors happen quite frequently in the healthcare field and can come at the cost of ruining someone’s life. When this happens to you, you can seek the help of a dedicated lawyer who can represent your case. After you’ve suffered from medical malpractice, you deserve a settlement that matches the damages you experienced.

Get the help you need from a proven law firm that can fight for your right to a settlement. When you have undergone surgery and believe that you experienced a form of medical malpractice, you should get your case reviewed by a knowledgeable attorney. Call Timothy J. Ryan & Associates for a free consultation.

The Most Common Forms of Surgical Malpractice

Photo of surgery

When you encounter medical malpractice, it can have serious repercussions on your livelihood and wellbeing. One of the most severe forms of malpractice happens because of surgical errors. Surgical medical malpractice can happen in a variety of ways. These are some of the most common and devastating kinds of surgical malpractice.

Wrong Surgery

The surgeon may have made a mistake by performing the incorrect surgery. Hospitals typically require a pre-operative verification procedure first to correct this. Sometimes, this isn’t performed due to negligence.

Organ and Nerve Damage

When the surgeon makes a mistake using a medical instrument, this can result in nerve or organ damage. If not fixed, it can create further complications.

Lack of Sterilization

When the medical equipment is not properly sterilized, this can result in an infection.

An Operation on the Wrong Body Part

The surgeon may have accidentally operated on the wrong body part, which can result in disability.

Anesthesia Complications

The wrong dosage of anesthesia can result in brain injury, as too much can cause oxygen deprivation and even death. On the other hand, if too little anesthesia is administered, the patient may be aware and in pain during the entire surgery.

Surgical Instrument Left Behind

If a surgical tool or implement is left inside the patient after the surgery is complete, it can cause organ damage, internal bleeding, and other complications.

The Problems That Cause Surgical Malpractice

Surgeons are under a lot of stress and have to perform at their best at all times. Sometimes they make mistakes by doing one of the following:


This is when surgeons take shortcuts in their procedure, such as not properly sterilizing equipment or not following prescribed steps before performing a surgery.


If a surgeon is too tired, then they may be unable to concentrate on performing the surgical procedures properly. That could lead to a mistake that could have devastating consequences for the patient.

Insufficient Planning

When a medical team hasn’t reviewed, prepared, and identified potential complications, they aren’t ready for surgery. The nurses, assistants, and surgeons must prep the equipment, tools, and medication required before the surgery can begin.


Surgeons should have the skill and the experience to perform the surgery before attempting any surgical procedure. If they don’t know, they could end up harming their patients.

Incorrect Work Process

This is when the surgeon and medical team don’t follow the correct procedure and leave out steps in their surgery. Ignoring or flouting the rules and procedures is a form of negligence.

Failure to Communicate

When surgeons miscommunicate with their team members, they may make errors.

Operating Under the Influence

A surgeon should never operate under the influence of any substance that could impair their performance or judgment.

How Can a Doctor Be Proved as Negligent

To prove that your surgeon was negligent, you have to show that they owed you a duty of care, that the duty was breached, that this directly caused you harm, and that you suffered damages as a result. All four of these requirements must be met for you to be able to claim medical malpractice. The duty of the surgeon is to provide you with high-quality medical care. If they failed to do that and their mistakes directly harmed you, then this is malpractice.

How Do I Claim Surgical and Procedural Errors On My Malpractice Settlement?

You will need to collect evidence to prove that your surgeon was neglectful and caused you harm. A medical malpractice attorney can guide you through this process and use the evidence to prove your case. Call Timothy J. Ryan & Associates for a free consultation.