5 Surgical Errors That Often Lead to Malpractice Claims
Feb. 2, 2026
Medical procedures carry inherent risks, but when mistakes occur during surgery, patients can face serious consequences. Some surgical errors can result in lasting injury, additional procedures, or even death.
In these situations, medical malpractice claims often arise as patients seek compensation for harm caused by avoidable mistakes. Recognizing common surgical errors can help patients and their families identify when professional accountability may be necessary
At Justin Lowe & Associates, the medical malpractice attorney assists clients dealing with medical errors with clarity and compassion.
Serving individuals in Oklahoma City metro, Edmond, Norman, Guthrie, Yukon, and surrounding areas throughout the state of Oklahoma, they provide guidance to families affected by negligent medical care. Contact Justin Lowe & Associates today to speak with an experienced medical malpractice attorney.
Wrong-Site or Wrong-Procedure Surgery
One of the most preventable errors in surgery is performing a procedure on the wrong site or conducting an entirely different procedure than planned. This can happen due to miscommunication, improper labeling, or a lack of verification before surgery. Patients who undergo surgery on the wrong body part often face extended recovery, additional operations, and emotional distress.
Surgeons and hospitals are expected to follow established protocols, and when they fail to do so, medical malpractice claims frequently follow. Attorneys at Justin Lowe & Associates often review these cases to help families understand how such errors occur and what legal recourse may be available.
These cases highlight the importance of thorough preoperative checks and clear communication among the surgical staff. Transitioning from this, another common source of surgical error involves the instruments used during the procedure.
Retained Surgical Instruments
Surgical instruments or sponges left inside a patient after an operation are a serious medical error. Retained foreign objects can cause infection, internal damage, and prolonged hospitalization.
Symptoms often include pain, swelling, or unusual discharge.
Some patients may require additional surgery to remove the object.
When retained instruments cause injury, patients may have grounds for a medical malpractice claim. These incidents typically reflect lapses in surgical counting procedures and operating room protocols. Hospitals and surgeons may face significant liability when these errors occur, as the harm is directly related to negligence during surgery.
Anesthesia Mistakes
Anesthesia carries risks that extend beyond the immediate administration. Mistakes in dosing, monitoring, or response to patient reactions can result in brain damage, nerve injury, or death. Anesthesia errors may stem from:
Inaccurate patient assessment before surgery
Miscalculation of dosage based on patient weight or medical history
Failure to monitor vital signs closely during the procedure
When these errors lead to harm, patients or their families often pursue medical malpractice claims. Anesthesiologists and surgical staff have a duty to monitor patients continuously and adjust treatment as needed. Cases involving anesthesia mistakes often require a detailed review of medical records and operative reports to determine whether the standard of care was met.
Surgical Site Infections and Postoperative Complications
Infections following surgery can be severe and sometimes life-threatening. While some infections occur naturally, many result from lapses in sterile technique or improper postoperative care. Surgical site infections can extend recovery time, increase medical costs, and require additional interventions.
Patients might experience:
Redness, swelling, or pus around the incision
Fever or systemic infection
Delayed healing requiring further procedures
When these infections are traced to preventable errors, they often form the basis of medical malpractice claims. Hospitals and surgeons are expected to follow established guidelines for hygiene, antibiotic use, and wound management. Failure to follow these guidelines can demonstrate negligence, supporting legal compensation claims.
Accidental Nerve or Organ Damage
Surgical procedures can inadvertently damage nerves or organs if the surgical team fails to take appropriate precautions. Such injuries can lead to permanent disability, loss of function, or chronic pain.
Common examples include:
Nerve injuries resulting in numbness, weakness, or paralysis
Accidental punctures or lacerations to organs like the liver, intestines, or bladder
Long-term complications requiring further surgery
These types of injuries often result in medical malpractice claims because they’re frequently preventable. Surgeons are expected to follow established surgical techniques and anticipate potential risks. When care falls short, patients may pursue legal action to seek compensation for their injuries, medical expenses, and emotional distress.
Surgical errors can have profound effects on patients’ lives. From wrong-site operations and retained instruments to anesthesia mistakes, infections, and accidental organ damage, each error carries unique risks and potential harm.
Medical malpractice claims often arise when these errors result from negligence, allowing patients to pursue compensation for injuries and additional medical care. Recognizing common surgical errors can help patients and families evaluate whether professional accountability may be appropriate after an adverse surgical outcome.
Experienced Legal Advocacy
Surgical errors can have serious and lasting effects on patients and their families. Justin Lowe & Associates, located in Oklahoma City and serving clients in the Oklahoma City metro, Edmond, Norman, Guthrie, Yukon, and surrounding areas throughout the state of Oklahoma, helps families recognize signs of medical malpractice and understand their rights.
With guidance from an experienced medical malpractice attorney, patients and families can take informed action to address potential negligence, preserve medical records, and protect their interests. Contact Justin Lowe & Associates today to speak with a medical malpractice lawyer who can provide clarity and support during this difficult time.