What Determines Medical Malpractice if a Surgeon Lacerates, Cuts, or Burns an Unintended Body Part?

At Shapiro, Washburn & Sharp, our experienced medical malpractice attorneys have successfully handled cases where surgical errors led to severe harm. If you or a loved one has suffered from a surgical error, it’s crucial to seek legal advice as soon as possible. Our experienced lawyers represent clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today for a free consultation at 833-997-1774 to learn more about your legal options and how we can help you pursue the compensation you deserve.

What Is Medical Malpractice in the Context of Surgical Errors?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. In the context of surgical errors, malpractice is determined by assessing whether the surgeon’s actions deviated from what a competent surgeon would have done under similar circumstances. Surgical errors such as lacerating, cutting, or burning an unintended body part can qualify as malpractice if they are due to negligence rather than an unavoidable complication. For example, accidentally cutting a nerve, artery, or organ unrelated to the surgical site may indicate malpractice if it could have been avoided through proper care and precision.

When Does a Surgical Injury to an Unintended Body Part Constitute Medical Malpractice?

For a surgical injury to be considered medical malpractice, it must meet specific legal criteria. First, there must be evidence that the surgeon breached the standard of care, meaning their actions fell below the level expected of a reasonably skilled and competent surgeon. This could include errors such as failing to follow proper surgical protocols, poor communication with the surgical team, or operating with inadequate focus or preparation.

Second, the breach must directly cause harm. If the injury to the unintended body part leads to significant complications, additional surgeries, or long-term disability, it strengthens the case for malpractice. For example, if a surgeon accidentally burns surrounding tissue with an improperly calibrated surgical tool and the patient develops severe scarring or functional impairment, the injury likely constitutes malpractice. However, if the injury is a known and unavoidable risk of the procedure, malpractice may not apply.

How Is Medical Malpractice Proved in Cases of Surgical Errors?

Proving medical malpractice in cases involving unintended lacerations, cuts, or burns requires establishing four elements:

• Duty of care: The surgeon owed the patient a duty of care, which is typically implied in a doctor-patient relationship.
• Breach of standard of care: The plaintiff must show that the surgeon failed to perform the surgery with the level of skill and competence expected of a reasonable professional. This often involves expert testimony from other surgeons.
• Causation: It must be demonstrated that the surgeon’s error directly caused harm, such as an injury to an unintended body part.
• Damages: The patient must show evidence of harm, including physical injuries, medical expenses, lost income, pain and suffering, or diminished quality of life.

Expert witnesses play a crucial role in helping the court understand whether the surgeon’s actions constituted negligence and whether the injury could have been avoided.

What Are Common Examples of Surgical Errors That May Lead to Malpractice Claims?

Certain types of surgical errors are more likely to be deemed malpractice. These include:

• Accidental lacerations or cuts: For instance, if a surgeon accidentally cuts a nerve while operating on an unrelated area and it results in permanent loss of sensation or mobility, it may be malpractice.
• Burns from surgical instruments: Burns caused by improperly calibrated or mishandled instruments, such as lasers or cauterization tools, may indicate negligence.
• Operating on the wrong site or body part: This is considered a “never event,” meaning it should never occur under proper care.
• Failing to prevent complications: If a surgeon fails to take necessary precautions to protect surrounding tissues, such as using retractors to shield nearby organs, it could be malpractice.

Each case must be evaluated individually to determine if the error was avoidable and due to negligence.

What Should a Patient Do if They Suspect Medical Malpractice Due to a Surgical Error?

If a patient suspects that a surgeon’s error constitutes medical malpractice, they should take the following steps:

• Obtain medical records: Collect all documentation related to the surgery, including preoperative and postoperative reports. These records can help establish whether the error occurred and its impact.
• Seek a second opinion: Consulting another medical professional can help determine whether the injury was avoidable or a known risk of the procedure.
• Document the harm: Keep detailed records of symptoms, additional medical treatments, and the overall impact of the injury on daily life.
• Consult a medical malpractice attorney: An experienced attorney can evaluate the case, obtain expert testimony, and guide the patient through the legal process to seek compensation.

In Virginia, medical malpractice claims are subject to a statute of limitations, typically two years from the date of injury. Acting promptly ensures compliance with legal deadlines and preserves the patient’s right to seek justice.

Contact Our Medical Malpractice Law Firm for a Free Consultation

If you believe that a doctor or surgeon’s mistake has caused you harm, it is critical to act quickly. Surgical errors can lead to severe complications, including sepsis, and holding negligent healthcare providers accountable is essential. At Shapiro, Washburn & Sharp, our medical malpractice attorneys represent victims of surgical errors and medical negligence. We offer free, confidential consultations and represent clients on a contingency-fee basis—meaning you won’t pay any legal fees unless recover compensation for you.

Contact our office today at 833-997-1774 to schedule your free consultation with a doctor malpractice lawyer and let us help you understand your legal options.