Nashville Surgical Errors Lawyer

Did You Suffer Serious Injuries During Surgery?

There is a certain amount of risk involved in any surgical procedure. However, when negligence on the part of surgeons and other operating room staff leads to injury, disability, or death, it is often considered a case of medical malpractice.

At Kinnard Law, our Nashville surgical error lawyers are highly-respected litigators with proven experience, resources, and results in surgical error and medical negligence cases. We are committed to helping our clients obtain compensation for their losses and making hospitals safer through legal advocacy.

Speak with an experienced surgical error attorney in Nashville: (615) 933-2893.

Choose a Legal Team You Can Trust

Our firm’s results speak for themselves. We have an exceptional record of success and always go above and beyond for the individuals we represent.

What makes us qualified for your case?

• Countless national awards
• Record-setting medical malpractice verdict
• AV Preeminent® rated by Martindale-Hubbell®
• Board-Certified Medical Malpractice Specialists on staff
• Compassionate counsel that treats you like a person, not a case number

Common Examples of Surgical Errors

Surgical complications happen every year. In fact, research estimates that hospital errors are the third leading cause of death in the U.S, with an estimated 440,000 deaths each year due to preventable hospital errors.

Surgical errors can leave patients with severe injuries to the brain and spinal cord, nerve damage, paralysis, and permanent disability. All too often, errors in the operating room result in wrongful death, leaving family members with grief, anger, and financial hardship.

We handle a wide range of surgery error cases, including those involving:

• Damage to internal organs: While performing surgery, all it can take is a minuscule slip of the scalpel, laser, or scissors to perforate or puncture a nearby organ. Organ tissue is incredibly delicate, but those minor slips can lead to severe and potentially lasting health complications.
• Nerve damage: Similar to internal organ damage, the slightest slip of a surgeon’s tool can lead to nerve damage. In especially bad cases, this can lead to numbness or loss of movement in the affected areas.
• Infection: If you’ve ever got a paper cut, you know just how quickly the open area can become infected. Now imagine that the paper cut is several inches long and internal organs are exposed, and you can imagine the dangers of infection in an operating room. Unsanitary surgical instruments can lead to infection, which is especially dangerous for someone with a compromised immune system and can lead to death.
• Anesthesia errors: Anesthesia is a concoction of chemicals that allows surgeons to perform their jobs without needing to give the patient a stick to bite down on, but when it isn’t administered correctly it can become a dangerous cocktail. Too much anesthesia, and the patient may never wake up, or wake up with brain damage. Not enough, and there’s a risk of the patient waking up mid-surgery.

What are Surgical "Never Events?"

“Never events” are what researchers call surgical mistakes that should never happen, and are usually caused by clerical or communication errors. During a study conducted from 1990-2010, results showed there were nearly 10,000 paid malpractice claims for “never event” cases, totaling $1.3 billion.

• Foreign objects: As hard as it may be to believe, research shows that surgeons accidentally leave a foreign object — like a sponge, towel, or other medical supply — inside their patients 39 times a week. This can cause anything from pain to infections to death, depending on the location and type of object left inside.
• Operating on the wrong patient: Research shows that the wrong procedure is performed on a patient 20 times per week. This can be caused by clerical errors, failure to properly identify which patient is on the operating table, and miscommunication between surgeons. This can lead to perfectly healthy organs being removed, along with other problems.
• Operating on the wrong area of the body: Even when the correct patient ends up on the operating table, things like clerical errors, failure to properly establish which procedure needs to be performed, and miscommunication can lead to the wrong surgery being performed. Research shows this occurs 20 times per week across the U.S. This can lead to issues similar to the ones listed above.

Most medical centers have patient safety procedures to help prevent these kinds of errors, but even with their precautions, mistakes can still happen. New technology, like surgical sponges with radio-frequency identification (RFID) tags that can be detected with a scanner, will hopefully limit those mistakes.

Who is Liable for a Surgical Error?

Liability for a surgical error depends on the circumstances of the case, the individuals involved, and their roles in the procedure. Here are the key parties who may be held responsible:

• Surgeon: The surgeon is primarily responsible for performing the operation and ensuring it is done correctly. They may be held liable if a mistake occurs due to negligence, such as operating on the wrong site, damaging surrounding tissues, or leaving surgical tools inside the patient.
• Anesthesiologist: The anesthesiologist oversees administering anesthesia and monitoring the patient’s vital signs during surgery. Errors like administering an incorrect dose or failing to notice complications can lead to serious harm, making them potentially liable.
• Surgical Nurses and Technicians: Surgical staff assist with the procedure by preparing equipment, maintaining a sterile environment, and tracking instruments. Mistakes like improper sterilization or leaving objects inside the patient can result in liability.
• Hospital or Surgical Facility: The hospital or facility is responsible for maintaining a safe environment, properly trained staff, and functioning equipment. They may be held liable if poor policies, unqualified personnel, or unsafe conditions contribute to the error.
• Device or Equipment Manufacturers: If a malfunctioning or defective medical device causes a surgical error, the manufacturer may be held responsible. This includes issues like faulty pacemakers, broken tools, or defective implants.
• Consultants or Referring Physicians: A consultant or referring physician might share liability if they provided inaccurate advice, misdiagnosed the patient, or failed to give critical information that influenced the surgery. This indirect role could lead to legal accountability in some cases.

Need Counsel? Contact Us Now!

Kinnard Law is here to guide you through your medical malpractice claim. Our Nashville surgical error attorneys have a firm grasp on the laws surrounding these matters and can ensure your rights and best interests are safeguarded throughout the process. Our firm truly cares about the clients we represent, bringing in independent investigators and medical experts whenever necessary.

Let us begin working on your case right away—call us now at (615) 933-2893.