Proof of Surgical Error Claims


Few clinical or therapeutic situations can expose the patient to a greater vulnerability than surgery. Fortunately, most surgeons and other OR professionals fully appreciate the gravity of their responsibility, which under general anesthesia will generally include the need to perform the procedure while keeping the patients blood circulation and brain function within acceptable limits. Lapses in judgment or negligent monitoring of the patient’s vital signs can have disastrous or fatal results.

If you believe that someone in your family suffered a serious injury or death in surgery caused by improper cutting, anesthesia errors, or other negligent performance by a member of the surgery team, contact medical malpractice attorney Stephen Gordon for a free consultation about your legal options. Practicing in both Massachusetts , Mr. Gordon has the experience with proof of damages claims in surgical errors cases that can help you collect the financial compensation you need.

Examples of the kinds of surgical error cases we handle include the following:

• Retained objects cases involving the failure to remove surgical instruments or sponges from the patient’s body cavity
• Wrong side or wrong site surgery
• Anesthesia errors resulting in severe or permanent neurological damage
• Accidental severing of a duct during laparoscopic surgery
Birth injuries caused by improper use of surgical tools or inadequate monitoring of the mother or fetus
• Violations of the principles of informed consent by failing to warn the patient of known risks or advise the patient of safer treatment alternatives
• Failure to monitor or care for the patient during the postoperative recovery period

Not every surgeon’s error will support a claim for medical malpractice. Some mistakes reflect calculated risks that lie within the range of sound professional judgment. The operating team cannot guarantee a successful outcome, but can only be held responsible for working in a manner consistent with the standards of professional care that apply in the community where the surgery was performed. While the procedures for proving a breach of those standards are somewhat different in Massachusetts , a successful malpractice claim in either state will usually involve close cooperation with medical experts to define the standard of care and to show how the defendant fell short in a given case.

With trial experience extending across more than 1,000 cases over his 30-plus years of practice, personal injury lawyer Stephen Gordon Link to Attorney Profiles Page knows how to develop and present the expert testimony essential to proof of your damages claim in a case of surgical error. For a free consultation about your legal alternatives, contact the law firm of Stephen J. Gordon & Associates.