An operating room should function like a well-oiled machine. Surgeons and their surgical staff members should communicate effectively, uphold strict medical standards of care, and conduct procedures according to accepted healthcare practices during a surgical procedure. When a duty of care is breached, an injured patient can suffer serious harm.
Surgical Error Complications
Surgical errors can be deadly or can lead to serious complications that require further medical treatment and additional surgery. These complications may include infection, sepsis, hemorrhage, and respiratory failure. Patients suffering surgical injuries are also seven times more likely to die in the hospital than those who are not.
If you or a family member suffered harm because of surgical mistakes, wrong procedure, surgical complications, or a botched surgical procedure, contact Gallagher & Kennedy for a free legal consultation. Because Arizona law imposes strict time limits on filing claims, it is critical to contact a surgical error attorney as soon as possible after discovering an error. Our experienced legal team represents victims harmed by medical errors in Arizona hospitals and surgery centers.
You may request a free consultation by completing our online contact form.
Why Clients Choose Our Surgical Error Medical Malpractice Attorneys
- Our attorneys have recovered millions of dollars in settlements and jury awards for clients handling complex medical malpractice and wrongful death cases, including surgical error claims.
- Our lawyers advocate for patients’ rights and accountability within the health care system when preventable errors cause injury or wrongful death. Our specialized medical malpractice lawyers have networks of medical professionals who can provide expert testimony.
Free Consultation
Hiring our surgical error lawyers typically costs nothing upfront, as many operate on a contingency fee basis. Our experienced surgical error lawyers also offer free consultations to discuss potential cases and legal options.
Why You Need a Phoenix Surgical Error Lawyer
Surgical medical malpractice is one of the most complex practice areas of tort law. In Arizona, surgical error claims are governed by strict statutory and procedural requirements, making these cases highly technical.
Surgical error claims require careful handling of medical evidence, expert testimony, and procedural rules. Experienced surgical medical malpractice lawyers often work with qualified medical professionals who review medical records, evaluate surgical tools and instruments, and provide expert opinions. Attorneys must also manage legal doctrines such as 'res ipsa loquitur,' which may apply in cases involving wrong surgery, wrong side, or wrong part procedures. Lawyers gather evidence to identify liable parties, including surgeons, anesthesiologists, and hospitals.
Important Deadlines for Surgical Error Medical Malpractice Claims
Under AZ law (A.R.S. § 12-2603), you must provide a written affidavit from a qualified medical expert within 60 days of filing a lawsuit. Medical malpractice claims in Arizona require a written certificate stating whether a medical expert's testimony will be necessary to prove the case.
A formal surgical error lawsuit in Phoenix is typically filed in Maricopa County Superior Court. Insurance companies may require the insured's consent to settle claims and may initially deny all allegations.
Arizona Laws Governing Surgical Error Claims
Pursuing a legal claim for a surgical error in Phoenix is a highly technical process governed by strict Arizona-specific statutes. Surgical errors are a form of medical negligence under Arizona law. To succeed in a claim, a patient must show that the surgeon or health care provider fell below the applicable standard of care and that this failure caused injury.
Surgical malpractice claims also require a written certificate stating whether expert medical testimony will be necessary to prove the case. Many surgical errors are classified as “never events,” meaning they should never occur when proper medical protocols are followed.
Wrong Site Surgery
One example is wrong-site surgery, which is defined as surgery performed on the wrong body part, the wrong patient, or the wrong side of the body. These errors often strongly indicate a deviation from accepted medical standards.
Because of these technical requirements, compliance with Arizona’s statutory procedures is essential when pursuing a surgical error claim.
Most Common Surgical Errors
Surgical errors are often classified as 'never events' because they should never happen under any circumstances. Although they should never happen, The Veterans Health Administration estimated that between five and ten surgical errors occur in the United States every day.
Common surgical errors include wrong-site operations, leaving foreign objects inside the body, and failing to maintain a sterile environment. Errors may also involve anesthesia mistakes, improper use of surgical tools, or failure to protect blood vessels during surgery, all causing unnecessary harm to the patient.
Examples include:
- Anesthesia errors
- Infections caused by improper sanitation
- Lack of informed consent
- Nerve damage
- Nicking arteries or blood vessels
- Perforating an organ
- Causing patient hemorrhage
- Retained surgical instruments
Errors may occur during emergency procedures or elective surgery and are often preventable.
What Types of Compensation Can You Receive?
Surgical errors can cause physical injuries, emotional distress, and significant financial losses. Victims may require additional medical care, corrective surgery, or long-term treatment, and these injuries may affect their ability to work or maintain quality of life.
Laws in Arizona do not impose caps on compensatory damages for surgical error medical malpractice claims. Surgical error victims may pursue both economic and non-economic damages.
Compensation may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The goal of a surgical error lawsuit is to pursue compensation that reflects both immediate and long-term losses and allows victims to seek full and fair compensation under AZ law.
Discuss Your Surgical Error Case for Free
If you or a family member suffered injuries because of a surgical error, you do not have to face the aftermath alone. Gallagher & Kennedy’s Phoenix medical malpractice attorneys have decades of experience representing victims harmed by surgical negligence. Our law firm offers free consultations, during which we can explain your legal options, review relevant medical records, and help determine whether you may have a viable claim.
To discuss your surgical error medical malpractice case, complete our online contact form, and a member of our legal team will respond promptly.