Houston Surgical Malpractice Lawyers

Were You or a Loved One Injured by Surgical Negligence in Houston?

Surgical errors are a serious issue that can occur during surgery, even when the surgeon and the entire medical team are highly skilled and well-trained. Despite the rigorous training and procedures in place to prevent errors, mistakes can still happen, leading to potentially life-threatening complications for patients.

An operating room is a complex environment with many variables that can impact the outcome of a surgery. Surgical errors can occur due to a variety of factors, such as miscommunication between members of the medical team, faulty equipment, or incorrect dosages of medication.

Even seemingly minor errors can have devastating consequences. In some cases, these mistakes can even result in permanent disability or death.

If you or your loved one was the victim of surgical malpractice, you need an experienced surgical error attorney in Dallas for your medical malpractice case. They will help you fight for your rights and obtain fair compensation. 

What is Considered Surgical Malpractice Under Texas Law?

Surgical malpractice is a deviation from the accepted standard of care. However, not all mistakes are considered malpractice. Medical malpractice refers to the negligence of a medical professional in the course of treatment that causes serious harm to the patient.

To prove medical malpractice, you must show that the surgeon made a preventable error or acted negligently.

Negligence means that the surgeon performed in a way that another reasonable surgeon would not have. To prove negligence, your attorney will start reviewing medical records, including the surgical procedure’s details, the surgeon’s actions, and the patient’s response to treatment.

What are The Most Common Surgical Mistakes in Houston?

Surgical mistakes are a serious concern for patients undergoing surgery in Houston. Even with the best medical care, mistakes can happen during a surgical procedure. While many different types of surgical errors can occur, some are more common than others.

The most common surgical errors in Houston are:

• Surgeon Malpractice: This occurs when a negligent surgeon, or doctor, causes harm to the patient. Examples include doctors making incorrect incisions, improper suturing, or the laceration of an organ that can lead to internal bleeding.
• Wrong-site surgery: Surgeons operate on the wrong body part or the wrong side of the body. This happens when the surgical site is not properly marked or there is miscommunication between the doctors and other medical professionals performing surgery.
• Leaving foreign objects in the patient’s body: Unfortunately, medical professionals have left surgical tools inside patients. This can lead to infections, pain, and further surgery to remove the surgical instruments.
• Performing the wrong procedure: Surgeons perform the wrong surgery on the patient. This unnecessary surgery can leave the injured patient needing additional surgeries.
• Operating on the wrong patient: This occurs when surgeons perform surgery on the wrong patient.
• Anesthesia errors: These medical errors include administering the wrong dosage, using defective medical equipment, or failing to monitor the patient’s vital signs during surgery.

Common Causes of Surgical Negligence

Several factors can contribute to surgical negligence, and understanding each one can help identify potential surgical malpractice cases:

• Lack of communication: Miscommunication between medical professionals can lead to errors, such as performing the wrong surgical procedure or administering incorrect medications.
• Unsanitary conditions: Poor hygiene and sterilization practices in the operating room can result in infections and other complications, potentially caused by unsanitary instruments.
• Fatigue: Overworked medical staff may make critical mistakes due to exhaustion, impacting their decision-making and motor skills.
• Outdated or defective surgical equipment: Using malfunctioning or outdated surgical instruments can lead to complications, injuries, or wrongful death.
• Inadequate training or experience: Surgeons or other medical staff who lack proper training or experience may be more likely to commit errors during surgery.
• Incompetence: A healthcare provider who fails to stay current with best practices or who demonstrates a pattern of poor judgment can be considered incompetent and liable for malpractice.
• Substance abuse: Medical professionals under the influence of drugs or alcohol may have impaired judgment and reaction times, increasing the risk of surgical errors.

Surgical Never Events

A “Never Event” is a term used to describe a serious, preventable medical error that should never happen under any circumstances. These events often have devastating consequences for patients and indicate severe negligence on the part of the healthcare professional. Surgical Never Events can include:

• Wrong-site surgery: Operating on the wrong part of the body or the wrong patient, often due to miscommunication, inadequate preoperative verification, or failure to follow proper protocols. Executing unnecessary surgery on the wrong body part is an unacceptable error.
• Retained foreign object: Leaving an object, such as a surgical instrument or sponge, inside a patient’s body after surgery. This can cause severe pain, infection, nerve damage, and other complications.
• Wrong procedure: Performing an incorrect procedure on an individual can lead to unnecessary harm or the need for additional surgeries to correct the mistake.
• Discharging an infant to the wrong person: This can happen when hospital staff fail to follow proper identification and tracking procedures, resulting in a newborn being released to the incorrect individual.
• Mismatched blood transfusion: Administering the wrong blood type to a patient can cause severe allergic reactions, organ failure, or even death. This error can occur due to mislabeling, communication errors, or inadequate record-keeping.

What Medical Procedures Lead to the Most Errors During Surgery in Houston?

Certain medical procedures are more likely to lead to surgical errors. Some of the procedures that lead to the most mistakes during surgery in Houston include the following:

• Brain surgery: This is a delicate procedure that requires precision and expertise. Any error during this procedure can cause severe brain damage, paralysis, or even death.
• Spinal surgery: Spinal surgery is also a risky procedure that requires precision and expertise. Any error during this procedure can cause paralysis or nerve damage.
• Laparoscopic surgery: Laparoscopic surgery is a minimally invasive procedure that uses small incisions to perform surgical procedures. While this type of surgery is generally safe, errors can still occur during the procedure.
• Orthopedic surgery: This type of surgery is used to treat conditions affecting the musculoskeletal system, including bones, joints, muscles, and ligaments. It is a complex procedure that requires a high level of skill and precision to perform successfully. Any medical error during this procedure can result in severe complications for the surgery patients.

Can You Sue For Surgery Complications in Texas?

Surgery complications are different from surgical malpractice. Not all surgery complications are the result of malpractice. However, if a medical provider’s negligence caused the surgery complication, you may be able to sue for medical malpractice.

In Texas, the statute of limitations for a medical malpractice claim is two years from the date of the injury. There are some exceptions to this rule, and it is best to speak to a surgical error attorney to determine the statute of limitations for your case.

What Should You Do if You Were Injured During a Surgical Procedure?

If you believe that a surgical procedure caused a negligent and preventable injury, it is important to take immediate action. Here are the steps you should follow:

• Seek Medical Treatment – If possible, seek independent medical treatment to confirm the injury and receive proper medical attention.
• Document Everything – It’s also important that you document everything. Take detailed notes of the date, time, and details of the incident and all follow up communication or visits.
• Contact a Surgical Error Attorney – One of the most critical pieces is to contact a medical malpractice attorney immediately. The attorney will investigate your case, gather evidence, and help you file a surgical error lawsuit against the responsible party. A skilled attorney can help you navigate the complex legal process and fight for the compensation you deserve.

You Need an Injury Law Firm Experienced in Surgical Malpractice Cases

Medical malpractice claims are difficult in Texas, and you need an attorney experienced with surgical error litigation to help you fight for your rights. Our team of attorneys specializes in surgical errors and medical malpractice cases in Texas.

We have a track record of success in representing victims of surgical mistakes and obtaining multi-million dollar settlements and verdicts. Our attorneys will travel to you anywhere in Texas and provide personalized representation and guidance through every step.

How Much Does It Cost To Hire a Surgical Mistake Lawyer in Houston?

Hiring our top rated Texas law firm for a surgical error lawsuit costs nothing upfront. Our law firm operates on a contingency fee basis, meaning we only get paid if we win your case. If we do not win your case, you owe us nothing. This allows anyone to hire an experienced surgical error lawyer in Houston to fight for their rights.

What Compensation Can You Recover in a Surgical Error Lawsuit?

If you or your loved one has suffered an injury due to a surgeon’s error in Houston, you may be entitled to seek compensation for your damages. Compensation may include medical expenses, lost wages, pain and suffering, and other damages for your sustained injuries.

However, Texas law imposes caps on certain compensation that victims can recover in medical malpractice cases. The cap is $250,000 for non-economic damages, applicable to three defendants max – for a total of $750,000. Note that his cap doesn’t include “economic” damages – which includes compensation for loss of income, loss of earning potential, and medical care costs.

It’s important to note that all surgical error lawsuits are different, and settlements will vary based on the specific circumstances of each case. Our team of experienced surgical error lawyers will fight to ensure that you receive the maximum compensation possible for your damages.

Contact The Houston Medical Malpractice Attorneys at Hastings Law Firm Today for Help

If you or a loved one has been the victim of a surgical error in Houston, it’s important to contact our law firm for a free consultation immediately. Our experienced surgical error attorneys and legal team will review your case, answer your questions, and provide guidance on your legal options.

We operate on a no-win, no-fee basis, meaning you owe us nothing unless we win your case. Don’t wait. Contact us today to get started on your path to justice and pursue compensation.