What is Surgical Negligence?

Surgical negligence occurs when a surgeon and/or medical team deviates from the accepted standard of care during a surgical procedure, leading to harm, injury, or unfavourable outcomes for the patient. These cases can have life-altering consequences for patients and their families. Keep reading to discover the types of surgical negligence and how to take the first step towards justice.

Exploring the Types of Surgical Negligence

Surgical negligence encompasses a wide range of medical errors, including preoperative assessment, the surgery itself, and postoperative care. Examples of surgical negligence include:

  • Wrong-site surgery: Performing surgery on the wrong part of the body, such as the wrong limb or organ.
  • Surgical instrument errors: Leaving surgical instruments, sponges, or other foreign objects inside the patient’s body after surgery.
  • Anaesthesic errors: Administering too much or too little anaesthesia, resulting in complications or harm to the patient.
  • Inadequate preoperative assessment: Failing to properly assess the patient’s medical history, allergies, or other relevant factors before surgery.
  • Incompetence or lack of skill: Performing surgery without the necessary skill or competence, leading to complications or injuries.
  • Poor postoperative care: Failing to provide appropriate care and monitoring after surgery, leading to complications that could have been prevented with proper follow-up.
  • Delay in surgery: Unjustified delays in performing necessary surgery, may worsen the patient’s condition.
  • Failure to recognise and respond to complications: Not identifying and addressing complications promptly during or after surgery.

It is important to note that each case is unique and making a claim for surgical negligence can depend on the specific circumstances and evidence surrounding the incident.

Medical negligence cases are complex and require expert evidence to establish the elements of negligence.

If you believe that you have experienced medical negligence, we’re here to help. Please get in touch with our team today.

Do I have a claim for surgical negligence?

It is important to note that not all surgical mishaps will amount to negligence. To prove negligence, it must be shown that:

  1. The treatment and care that was provided fell below what would be widely regarded by peer professionals as competent professional practice at the time; and
  2. The error caused injury, loss or damage to the patient.

Taking the First Step Towards Justice

If you believe you or your loved one have been a victim of surgical negligence, one of our solicitors can advise you about your options in an obligation-free consultation.

You can call us on 1300 808 933 or book an appointment here.

To read more about our cases of surgical negligence, click on the links below:

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