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Can I Sue For Surgery Complications?


Unfortunately, many surgeries are associated with certain risks and complications. However, in some cases, surgery complications may arise without a patient being warned about them.

Statistically speaking, over 40% of all patients experience post-surgical complications. Those complications can range from minor to fatal, which is why many patients wonder, “Can I sue a hospital or surgeon for surgery complications?

The answer depends on several factors. Discuss your unique case with our Atlanta surgical errors attorney at Carroll Law Firm to determine if you have grounds to file a medical malpractice lawsuit for experiencing surgical complications.

The Most Common Complications After a Surgery

Some of the most common complications after surgery include:

  • Nausea and vomiting
  • Soreness and pain
  • Shock
  • Fever
  • Infection or sepsis
  • Internal bleeding
  • Reaction to anesthesia
  • Urinary retention
  • Hemorrhage
  • Blood clots
  • Deep vein thrombosis
  • Pulmonary embolism
  • Lung complications
  • Confusion or delirium
  • Scarring or disfigurement

While some surgery complications are the result of negligence and surgical errors, others cannot be prevented and, in some cases, are reasonably expected.

What Are the Different Types of Surgical Errors?

The most common types of surgical errors that may result in surgery complications include:

  • Wrong-site surgery. Sometimes surgeons perform surgery on the wrong site or body party.
  • Foreign objects left inside. Surgeons may be sued for a surgical error when they leave foreign objects, such as a sponge or other instruments, inside a patient.
  • Anesthesia errors. When a patient receives too much anesthesia, complications may arise, including dangerously prolonged sedation. Receiving too little anesthesia is also dangerous because the patient may experience severe pain and discomfort during the surgery.
  • Negligent performance. Negligent errors during a surgery caused by the surgeon’s conduct falling below the accepted standard of care can result in severe complications.
  • Lack of informed consent. Doctors are legally required to warn a patient of the material risks associated with the surgery and explain possible alternatives. This is known as “informed consent.”

Can I Sue if My Surgery Resulted in Complications?

A bad medical outcome does not automatically amount to medical malpractice. Thus, just because your surgery resulted in complications does not necessarily mean that you can sue a surgeon or hospital for medical malpractice.

You may not be able to sue if your surgery resulted in complications that were known to you when giving informed consent. Similarly, you may not be able to file a medical malpractice lawsuit against your doctor in the event of unforeseen complications as long as the doctor was not negligent.

If you can prove that you would not have experienced complications if another reasonably prudent and competent surgeon performed the procedure, you may be able to file a successful medical malpractice lawsuit.

However, when suing a surgeon or doctor for delaying treatment, it is vital to contact a skilled attorney to help you prove that the surgeon failed to adhere to accepted standards of care. Speak with our Atlanta medical malpractice attorney at Carroll Law Firm to prove that your surgeon breached the standard of care. Call 404-816-4555 to schedule a consultation.



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