Common Types Of Surgical Malpractice

Surgical malpractice is a type of medical malpractice involving online, improper, or illegal activity performedby a suggestion or the team of professionals involved in the surgical process.However, by definition, the fault of surgical malpractice is placed on the surgeon. Studies have shown that more than 4000 surgical errors happen each year.In this article, learn the common types of surgical malpractice and how to proceedif you think you have a claim.


According to the Artericap Board of Profesional Liability Attorneys, ABPLA, medical malpractice is defined in thefollowing way:

"Medical malpractice occurswhen a hospital, doctor or other health care professional, through a negligentact or omission, causes an injury to a patient. The negligence might be theresult of errors in diagnosis, treatment, aftercare, or health management.”

Regarding Surgical Malpractice, asurgical error is a mistake made durgins surgery that was otherwisepreventtable.

That said all surgery involvesthe element of risk. That is why the facility will have you sign "InformedConsent" forms stating that you understand the risk.

The essential thing to know isthat in the case of Surgical Malpractice, surgical errors will be good at thetypical and unknown risks and are wholly unexpected.


Many things can cause an error insurgery. Some of the more common mistakes that may warrant a surgicalmalpractice claim are the following:

• Wrong operation, wrong patient

• An incision In the wronglocation

• Nerve injury from surgery

• Organ Injury from surgery

• Improper medication oranesthesia

• Leavng surgical apparat inside the patient

• And surgical fire injury

In addition, the surgical errorcan occur before the surgery, during surgery, and after the surgery. Reviewingthe entire procedure with the doctor before the day will help to ensure allprecautions are being taken.

Furthermore, knowing what theusual and customary risks are versus the wrongdoing of a surgeon will helpdecide if legal action is necessary. However, these cases can be very complex.They should only be handled by an attorney who knows medical law and hasexperience in the field.


It is unfortunate, but frequentlya doctor may fail to give the best care to a patient. And if the actions of asurgeon result in harm to the patient, a surgical malpractice claim should befiled. Here are the more common types of surgical malpractice cases as reportedby the Malpractice Center.

1.    AbdominoplastySurgery, a tummy tuck procedure

2.    BariatricSurgery: a weight loss surgery like gastric bypass or banding

3.    BreastAugmentation Surgery: breast lift, implants, and reduction

4.    Colon& Rectal Surgery: such as in the presence of canoes or diverticulitis

5.    CaranaryArtery Stents Surgery: stets placed to open arteries in the heart.

6.    EndocrineSurgery: Dead, neck, and throat surgeries

7.    HeartSurgery: the most common type of Mustala cr

8.    sourin heart surgeries

9.    HerniaSurgery, such as abdonton and agonal bertia

10.  Hysterectoray Surgery: removal of the uterus

11.  Laparoscopic surgery: any surgery using tay cutsto enter the body

12.  Liposuction Surgery: a costate removal of fattytissue

13.  Lang Surgery: for lung cancer and the like

14.  Neurosurgery: the nervous system and the brain

15.  Varicose Vein Surgery: removal of problematicveins and vein disease

The typical outcomes of surgicalnegligence or error in these surgeries may result in several critical issues.These outcomes may include internal bleeding, respiratory or cardiacinstability, blood clot formation, and emboli formation.

You have probably heard it saidthere is no such thing as minor surgery. At Carpenter and Czelusta,

we believe every surgicalprocedure

Is a serious matter. And no twosurgeries are alike. We are all uniquely created and complex individuals,Unfortunately, not all suspects teel the same or take the care of your healthand well-being we would like to see.


Each and every surgery has thepotential for risk and error. Surgeons must be prepared for anything when theygo into the complicated and incredible human body. Unfortunately, some may notbe prepared for the day's work. Those cases end in malpractice. Here are a fewreasons for surgical malpractice cases.

·      InsutticientPreoperative Planning

·      SurgeonIncompetence

·      Drugsand Alcohol

·      Neglectof patient or vitals

·      SurgeonFatigue

·      PoorCommunication

·      ImproperWork Process

And again, Surgical MalpracticeIs a surgical error made during surgery, and that was otherwise preventable.There is no excuse for the above. That is where surgical malpractice claimsgain justice and further action for the injured.


In the case of surgicalmalpractice, the patient may be feeling angry, let down, and hopeless.Likewise, the patient can lose faith in the medical community. Not only willthat person need to gain confidence in medicine again, but they will face anumber of other issues.

There are physical issues to dealwith and Increased medical bills and hospital bills. This is unacceptable andthe reason for well-executed surgical malpractice cases to be heard.

Here are the steps to take if youthink you have a surgical malpractice claim.

1.    Contactan Attorney who specializes in Surgical Malpractice.

2.    Thenyour attorney will approach the surgical team for procedure details.

3.    Obtainan independent medical assessment for confirmation.

4.    Theattorney will then alert the Medical Licensing Board.

5.    Nestwill be a series of negotiations leading to a settlement or a trial.

If you or a loved one hassuffered from a surgical error or negligence, the first thing to do is contactan attorney. That way, your attorney can identify the error and reason for theerror and determine the validity of your case.


Carpenter and Czelusta know justwhat you need to hear when you hie a lawyer for a surgical malpractice case. Injuredpatients need compassion, yes. But they also need aggressive action taken ontheir behalf.

Withour firm, you will get the benefit of both medical and law experience.

When Carpenter and Caelusta are onthe case, we will pursue compensation for surgical malpractice, medicalexpenses, lost wages pain and suffering. Or expertise on the field isunparalled due tou our dually licensed  knoledge and our passion for the area.

When you trust our team with yousurgical malpractice case, you will receive the following

·      PersonalAttention

·      TheHighest Level Expertise

·      Attentionto detail

·      UnmatchableEffort

·      UnparalleledCommitment

We want to come alongside you andhelp ease the transition and encourage your healing. With the medicalattention, you need and the presentation you deserve, Carpenter and Czelusta isthe trial attorney team you need.


There are times when "I am sorry" is not enough. A qualified attorney can let you know whether youhave a case for surgical malpractice. You see, this place of the law requires ahigh burden of proof on the patient and enforces high professional standards onboth the medical administration and the attorneys to get it right.

For those reasons, thosedetermining the validity of a surgical malpractice case need to have the verybest medical expert witnesses and the top trial lawyers in the field. Carpenterand Czelusta guarantee personal attention, attention to detail, expertise inthe area, and the highest legal and ethical standards.

If you feel you or a loved onehas been a victim of surgical malpractice, contact us at Carpenter and Czelustatoday to determine if you have a case.

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