All medical procedures, including surgeries, have associated risks. Although surgeons and other health care providers are expected to take all of the necessary measures and precautions to avoid surgical mishaps, serious mistakes still sometimes happen. When those errors and omissions cause injuries and damages, the parties responsible can be held accountable under the law.
Some of the most likely causes of surgical errors include neglect, poor communication between doctors and nurses, misdiagnosis, surgeon incompetence, and botched procedures. When a doctor, operating room nurse, or other health care provider makes a surgical error, it usually falls under the umbrella of medical malpractice.
When a surgeon makes a preventable error during a surgical procedure, the injured patient may be able to file a malpractice claim against the negligent surgeon, as well as the hospital or medical facility where the malpractice occurred. In some cases, the hospital or medical facility may be vicariously liable for the surgical error that occurred. This is especially true if the surgeon committed errors in the past or had numerous prior patient complaints that the facility failed to address.