What Are Your Rights After a Surgical Error?

Surgery should fix problems, not create new ones. Yet preventable surgical mistakes still happen in Rhode Island and throughout the country with some regularity. Tragically, when surgical errors occur, the price for patients often includes both financial and personal losses, such as additional medical expenses, a longer recovery, and increased physical and emotional discomfort. Having a surgical error attorney on your side can help ensure you are properly compensated for these and all related damages.

Signs You May Have Suffered a Surgical Error

Signs that you may have sustained an injury due to surgical error include:

• The operative notes list an unintended tear, burn, or vessel injury without clear mitigation.
• You need an unplanned return to the operating room shortly after your initial procedure.
• You developed sepsis or a deep surgical site infection, even when antibiotics were administered appropriately.
• Your pain is on the wrong side or wrong site of the intended procedure area.

Some surgical errors are marked by worsening pain, abnormal discharge, nausea, vomiting, and no improvement in the condition for which you originally underwent the procedure. When avoidable errors cause serious harm, injured patients deserve answers and accountability.

Serving victims of surgical error in Providence and throughout Rhode Island for nearly 50 years, Mandell, Boisclair & Mandell helps families pursue compensation for medical expenses, lost wages, pain and suffering, and more. If you or someone you love has been injured during surgery, we are here to listen to your experiences and help you determine the best way to seek justice.

Talk to a Providence Surgical Error Attorney for FREE

To schedule your cost- and obligation-free consultation with one of the experienced lawyers at Mandell, Boisclair & Mandell, call 401-273-8330 today. Located in Providence, we serve individuals and families impacted by surgical error throughout Rhode Island.

What Counts as a Surgical Error?

A surgical error is a preventable mistake. It’s not a known risk disclosed in informed consent. These errors are not unavoidable complications despite appropriate care. They are the result of communication breakdowns, failure to follow safety protocols, or substandard performance before, during, or after a procedure.

Some of the most common types of surgical errors include:

• Wrong-Site, Wrong-Procedure, or Wrong Patient Surgery (WSPEs). Dubbed “never events,” WSPEs remain a national patient-safety priority. The Joint Commission, a global patient safety organization, has developed a Universal Protocol to decrease the number of WSPEs, yet they still occur in both emergency and planned settings.
• Retention of Foreign Objects. Retained items, such as sponges or instruments, can cause infection, pain, obstruction, and may even require additional surgeries to remove. These errors rank among the most reported sentinel events nationwide.
• Anesthesia Errors. Overdose, airway difficulties, allergic reactions, and inadequate monitoring can lead to brain injury or death.
• Injury to Nearby Organs, Vessels, or Nerves. These injuries stem from avoidable technique errors or failure to identify and repair damage before closing an incision.
• Improper Closure or Hemostasis. Poor suturing or missed bleeding can cause internal hemorrhage, infections, wound reopening, and disfigurement.
• Failure to Monitor. Inadequate observation in the post-op care unit or on the floor can allow survivable issues like respiratory depression, sepsis warning signs, and compartment syndrome to become a catastrophe.

The Consequences of Surgical Error

Surgical error can result in a number of issues, including:

• Physical Harm: Additional surgeries, infections, organ damage, chronic pain, and lasting disability.
• Emotional Harm: Anxiety, sleep disturbances, and loss of trust in the healthcare system.
• Financial Harm: Longer hospital stays, additional care needs, rehabilitation, and lost wages.

When you’re the victim of a negligent healthcare professional in Rhode Island, you’re entitled to file a medical malpractice lawsuit and seek compensation for the damages they cause. The Providence surgical error lawyers at Mandell, Boisclair & Mandell will conduct a comprehensive assessment of how your injury has impacted your present and future to make sure your losses are fully accounted for and every penny you’re due is sought.

How Do Surgical Errors Happen?

There can be several reasons a surgical error occurs, though all of them are avoidable. These include:

• Inadequate Pre-Op Verification. When teams rush, skip steps, or fail to conduct a pre-op time-out, the risk of error increases significantly.
• Communication Failures. Inconsistent checklists or ambiguous orders can lead to missed allergies and other serious risks.
• Fatigue and Staffing Procedures. Overextended surgeons and surgical teams are more error-prone.
• Failure to Implement Protocol. Substandard prep, inadequate monitoring, and failure to follow safety standards are often a result of poor implementation or adherence to protocol.

In some cases, surgical error is the result of poorly trained staff or an administrative issue, which could make a hospital liable for the damages they cause. In others, the issue is with the surgeon or an attending medical professional, like an anesthesiologist. These professionals may be on staff or working with hospital privileges. This makes hospitals and their employers responsible for any errors they commit. Determining who is liable for your damages is essential for seeking compensation.

At Mandell, Boisclair & Mandell, our Providence surgical error lawyers work with both internal and external medical specialists, allowing us to review records thoroughly, identify where an error occurred, and hold the appropriate parties accountable for the consequences of their actions.

When to Contact a Surgical Error Lawyer

It’s a good idea to consult with a surgical error lawyer when you have suffered an injury that you suspect is linked to medical negligence before, during, or after a procedure. Even if your injury seems minor, if it was the result of a surgical error and not an accepted risk, you may be entitled to compensation for all related damages. However, these claims can be incredibly difficult to prove on your own, making it important to have a legal team with sufficient experience in medical malpractice to help.

Why Choose Mandell, Boisclair & Mandell for Your Surgical Error Claim?

At Mandell, Boisclair & Mandell, our decades-long focus on surgical error, birth injury, delayed diagnosis, and similar medical malpractice claims has allowed us to help countless victims pursue justice. We don’t shy away from complex cases or bow to powerful interests, and we aren’t afraid to take cases to trial when needed to help our clients seek fair and full compensation. Our history of obtaining significant settlements and verdicts, including landmark decisions involving medical negligence, speaks to our commitment and tenacity. But it’s the ways we’ve helped real people, right here in Rhode Island, heal and move forward that we are most proud of.

A nationally-recognized law firm with award-winning attorneys, we have fought for patient rights for nearly 50 years. If you’ve suffered harm from a negligent surgeon, inadequate oversight, or improper adherence to standards, we are here to stand by your side and fight for the accountability and resources you need to move forward.

Schedule Your FREE Consultation Today

If you believe a preventable surgical mistake caused your injury, use our online contact form or call our Providence office to schedule your FREE case review today. Our surgical error attorneys serve injured patients in Pawtucket, Cranston, and throughout Rhode Island.