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What surgical errors are considered medical malpractices?

On Behalf of | Feb 4, 2020 | Medical Malpractice

The American Bar Association defines medical malpractice as negligence caused by a hospital, its staff, or any healthcare provider. The law classifies many things as medical malpractice, one of them being surgical errors. 

Surgical errors are mistakes during surgery that are preventable. Before undergoing surgery, the patient signs an informed consent that states that they understand the risks. However, some risks are unexpected and considered surgical errors. Various situations cause surgical mistakes. These are what patients use when filling claims. 

  • Incompetence or negligence 
  • Poor planning 
  • Fatigue 
  • Miscommunication 
  • Drugs or alcohol abuse 
  • Improper work process 

Journal of the American Medical Association indicates that negligence in hospitals is the third leading cause of U.S deaths. Malpractices during surgery occur in the following types. 

  • Doing surgery on the wrong organ: This results from misleading records or poor communication. 
  • Unintentional laceration: This involves cutting or lacerating, cutting an organ. It can cause bile leakage or internal bleeding, which leads to sepsis and death. 
  • A surgeon leaving an object in the body: Leaving an absorbent material in the body resulting in an infection. 
  • Unnecessary surgery: This can happen in cases of a wrong diagnosis or not considering other less risky options. 
  • Anesthesia errors: Wrong use of anesthesia medicines. 
  • Childbirth trauma: This involves not taking care of birth complications, delayed C-sections, or failure to monitor the fetus. 

Medical professionals should not deviate from their duty of care to the patients. If they do, it will result in a medical malpractice lawsuit where the hospital, staff, or doctors are held liable for any harm that the patient incurs due to any medical negligence.