The 5 Most Common Surgical Errors That Lead to Medical Negligence Claims

Surgical errors are among the most preventable yet serious problems in healthcare, making up roughly 75% of medical negligence claims involving surgeons. These mistakes often occur due to miscommunication, lack of proper training, or distractions during the procedure. Unfortunately, such errors can result in severe injuries or, in the most tragic cases, death.

If you've been a victim of a surgical error, you may have the right to seek compensation through a medical negligence claim. However, to succeed, you'll need to prove that your injury was caused by negligence and not just a known risk of the procedure.

In this article, we’ll examine common surgical errors that often lead to medical negligence claims. These include:

  • Negligent performance of surgery
  • Delays in providing necessary treatment
  • Failure to prevent infections
  • Failure to recommend surgery when needed
  • Unnecessary, risky surgeries
Disclaimer: This blog is for informational purposes only and does not constitute medical advice. Always consult a healthcare provider for diagnosis and treatment. If you believe you’ve been a victim of surgical errors or medical negligence, seek legal counsel. Contact Medical Law for expert assistance.


1. Performing Surgical Procedure Negligently

One of the most common surgical errors leading to medical negligence claims is when a surgeon performs the surgical procedure negligently. 


All surgical procedures have known risks and complications. So if a complication arises that is recognised as a risk of surgery, the patient may not be entitled to compensation. But when a surgeon fails to exercise the required level of skill and care, causing harm, this could amount to medical negligence.

Below are examples of negligent performance in surgery:

Incorrect Placement of Screws or Metalware

When hardware is placed incorrectly, it can cause improper healing or even permanent damage. For example, if a metal plate is positioned incorrectly during bone surgery, the patient might experience long-term pain or disability.

Misplacement of an Endobutton

This small device, used in shoulder surgeries, can cause severe nerve damage if misplaced, leading to chronic pain or numbness.

Nerve Injuries

Mistakes like transecting the median nerve during carpal tunnel surgery or causing a sciatic nerve injury during a hip replacement can leave patients with life-altering disabilities. A patient undergoing a shoulder reconstruction could also suffer permanent harm if nerves are damaged due to poor surgical technique, leading to loss of arm function or chronic pain.


2. Delays in Providing Surgical Treatment

Where a patient needs urgent, life-saving surgery, timely intervention is critical. If there’s a delay in getting the patient the surgery they need, the consequences can be severe—sometimes even leading to death. In cases where a delay causes harm, it may be considered medical negligence.

Doctors are expected to identify when immediate surgery is necessary and take steps to ensure the patient receives it. If they don’t, and the patient's condition worsens, the doctor could be held legally responsible for the delay.

Example 1: If a patient goes to the hospital with stroke symptoms, but the doctor doesn’t recognise the signs or doesn’t recommend surgery in time, the patient could experience long-term problems like paralysis or difficulty speaking. If surgery had been done sooner, the patient might have had a better chance of recovery.

Example 2: If a patient is put on a waiting list for surgery because of hospital delays, and their condition worsens because no one is monitoring them properly, the hospital might be responsible for medical negligence. For instance, if someone’s condition deteriorates and becomes irreversible while waiting for surgery, this could lead to a claim.

In short, delays in surgery can lead to serious harm that could have been prevented, and doctors or hospitals may be held accountable if they don’t act quickly enough.

3. Failure to Appropriately Manage the Risk of Infection at the Surgical Site

Infections are a common risk of surgery. Anytime a patient undergoes surgery, there’s a chance they could develop an infection at the site where the surgery was performed.

However, if the surgeon doesn’t take the right precautions to reduce the risk of infection, it can lead to serious complications, and the surgeon could be held responsible for medical negligence.

To prevent infections, surgeons should always follow these important steps:

  1. Sterilising all equipment: Every tool used in the surgery must be completely clean and free of germs to avoid spreading harmful bacteria to the patient.
  2. Prescribing antibiotics: Sometimes, antibiotics are needed before or after surgery to help prevent or treat infections, especially in higher-risk surgeries.
  3. Monitoring after surgery: It’s important for the patient to have follow-up visits to check the wound and make sure it’s healing without signs of infection.

If these steps aren’t taken, an infection can develop, which could lead to sepsis—a dangerous, life-threatening reaction where the body attacks its own tissues. If sepsis isn’t treated right away, it can get worse and cause multiple organ failure.

Not following these basic infection prevention steps can cause serious harm to the patient and might result in a claim of medical negligence.


4. Failure to Provide Surgical Treatment When Clinically Indicated

In some situations, surgery is the best option to treat a patient. While surgery is often seen as a last resort, there are times when it’s the most effective treatment.

If a doctor fails to recommend surgery when it’s clearly needed, this can be considered medical negligence.

For example, in cases where a vaginal delivery poses serious risks, a caesarean section (C-section) might be the safest option. If the doctor ignores these risks and doesn’t perform the C-section, both the mother and baby could suffer avoidable harm. Failing to act in these critical moments can lead to long-term damage that could have been prevented with surgery.

 5. Recommending and Performing Unnecessary Risk Surgery

On the other hand, recommending and performing surgery when it’s not needed can also be a form of medical negligence

Surgery is inherently dangerous and should only be done when there are no other safer options. If a doctor recommends surgery when a more conservative treatment (like medication or physical therapy) would have worked, it can lead to serious complications.


For example, performing foot surgery that leads to a nerve injury or organ damage from surgical burns could result in permanent disability. If a less invasive treatment could have solved the problem and surgery wasn’t necessary, the doctor could be held liable for negligence.


In cases where surgery causes severe complications that could have been avoided, the doctor is likely to be responsible for the harm done.


How to Prevent Surgical Errors

Hospitals and surgeons use several safety steps to help reduce the risk of surgical errors. These measures aim to improve patient safety and ensure mistakes are avoided during surgery:

  • Checklists and Counts: Before, during, and after surgery, the team checks that all tools and materials are present and accounted for. This prevents situations where items like sponges are accidentally left inside the patient.
  • Antibiotics: To prevent infections, surgeons often give antibiotics before or after surgery. This reduces the risk of severe infections like sepsis, which can lead to serious health issues or death.
  • Time-Outs: Before the surgery starts, the surgical team takes a moment to confirm the patient’s identity, the surgery being done, and the correct surgical site. This pause helps avoid mistakes, such as operating on the wrong part of the body.

These simple steps can prevent many errors. But when these measures are not followed, patients can suffer severe consequences. 

If you or a loved one has been harmed due to a surgical error, you might be entitled to compensation through a medical negligence claim.

What You Can Do

If you believe a surgical error caused your injury, it's essential to get legal advice. A medical negligence claim can help you recover compensation for your suffering. These cases focus on proving that your injury was due to negligence—not a normal risk of surgery.

Consulting with a medical negligence lawyer will help you understand your options and guide you through the next steps. 

Don’t wait to get the help you need. Contact Medical Law today for expert assistance in exploring your options and protecting your rights.

Want to learn more? Read our FAQs for answers to common questions or explore our blogs for additional insights and articles on related topics.

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