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Examples of Surgical Malpractice

Surgery, no matter how big or small, is a serious matter. Whether you’re having your appendix removed, correcting your eyesight through Lasik surgery, or undergoing a coronary bypass, there are always significant risks involved. Although surgeries are typically used to improve the length or quality of the patient’s life, in rare cases an error will occur during surgery. The misconduct of your surgeon or another health care provider could lead to an injury or even death, but not all surgical errors are considered malpractice. Examples of surgical malpractice include operating on the wrong body part, anesthesia complications, and post-surgical problems, amongst many others (explore the various types and examples below).

If you or a loved one is the victim of surgical malpractice, contact Dempsey & Kingsland, P.C. Our experienced attorneys and medical team can evaluate your case, provide expert advice, and help you receive the compensation you deserve.

Examples of Surgical Malpractice

Sometimes victims of medical malpractice fail to pursue legal action because they don’t know whether their situation qualifies. If you have been injured due to an error during surgery, contact the law firm of Dempsey & Kingsland for a free consultation. We would be happy to assess your situation, and we will not charge an attorney’s fee until we recover compensation for your injuries. Our experienced and skilled attorneys have helped people with a variety of injuries, including all of the following examples of surgical malpractice:

  • The surgeon operates on the wrong body part.
  • The surgeon performs an incision at the wrong location.
  • An anesthesia complication occurs (ex: administering the wrong amount of medication).
  • The surgeon leaves instruments, sponges, or other equipment in the surgical wound.
  • A post-operative infection occurs.
  • A post-surgical problem occurs due to negligence in post-surgery care.
  • The surgeon makes a mistake during surgery, such as a scalpel accident.
  • The surgeon misreads or ignores laboratory results.
  • The patient is discharged prematurely.
  • The surgeon damages a nearby muscle, organ, ligament, tissue, or nerve.
  • The surgery is unnecessary.
  • The surgeon operates on the wrong patient.

These examples of surgical malpractice can occur for a variety of reasons. Sometimes the surgeon is incompetent (lacking the skills necessary to perform the surgery successfully), while other times insufficient preoperative planning or an improper work process is to blame. Poor communication between medical providers can result in an error, as can fatigue or operating under the influence of drugs or alcohol. Finally, sometimes surgeons are simply not as careful as they ought to be, and their neglect can have significant consequences.

All surgical procedures involve risks, of course, which is why patients are required to sign informed consent documents. However, when an error goes beyond the realm of accepted risks for a particular procedure, the surgeon, hospital, or other health care professional may be held liable. The consequences of a surgical error can be severe, so don’t be afraid to consult with Dempsey & Kingsland, P.C., to discuss your unique situation and options.

To prove that surgical malpractice occurred, the attorneys at Dempsey & Kingsland will demonstrate that the surgeon’s misconduct falls below the medical standard of care. Then, they will substantiate that your injury was caused by the surgeon’s breach of duty, proving a causal link through strong evidence like expert testimony and hospital records. Your compensation may include medical expenses that accrued as a result of the error, loss of earning capacity, and/or recompense for pain and suffering.


Although most surgical procedures are uneventful, sometimes the process goes tragically wrong due to surgeon misconduct or negligence. Have you or a loved one been the victim of surgical malpractice? Before you do anything else, contact the attorneys at Dempsey & Kingsland, P.C. With over 30 years of experience in medical malpractice cases, our attorneys have a reputation for excellence. We combine our expertise and dedication with that of our medical team, paralegals, and legal assistants. Plus, we will not charge you any fees unless we recover compensation for you. To get started, please give us a call at (816) 484-3776 or click here to complete our online contact form. We look forward to hearing from you.