Surgical Errors That Most Frequently Lead To Malpractice Claims

Surgical Errors That Most Frequently Lead to Malpractice Claims

When done correctly, surgery can be life-saving. Even if your surgery is considered elective, the results of it can have a massive improvement on your quality of life. For example, knee surgery can make the difference between being in constant pain and being able to move about freely without pain.

Unfortunately, sometimes errors do happen during surgery. In this blog, we’ll explain the following:

  • Some of the most common surgical errors
  • Why these surgical errors happen
  • Why you should try to get compensation for surgical errors

What are some of the most common surgical errors?

These are some of the most common errors that can happen during surgery:

  • Medication and anesthesia errors.
  • The wrong surgery is performed on a patient.
  • The surgeon leaves medical equipment inside the patient after the surgery is complete.
  • The patient’s internal organs or nerves are damaged.
  • The surgeon discharges the patient from the hospital too quickly.

If you’ve been a victim of any of these common surgical errors, you should file a medical malpractice suit to get compensation.

Why do surgical errors happen?

There are a variety of reasons for errors during surgery, including:

  • The surgeon does not have enough experience to complete the surgery correctly.
  • A lack of qualified staff available during the surgery or after it.
  • Poor communication amongst hospital staff members.
  • Health issues with the surgeon – either they are too tired to perform the surgery correctly or under the influence of drugs or alcohol.
  • The surgeon is careless and takes shortcuts or does not ensure their equipment is properly sterilized.

Regardless of the cause of a surgical error, you are entitled to sue for compensation if you’ve been the victim of one.

Why should I try to get compensation if I’ve been the victim of a surgical error?

Being the victim of a surgical error can have a lifelong impact on you. These are some of the things you may have to deal with:

  • You may have chronic pain.
  • You may no longer be able to work or have to work fewer hours.
  • You may be emotionally distressed.
  • Your quality of life may be impacted. You may not be able to play with your children or grandchildren or pursue a beloved hobby.
  • You may have to undergo additional medical procedures to fix the damage done by a surgical error.

Being the victim of a surgical error can be emotionally and financially devastating. This is why you’re entitled to try to get compensation if you’ve been the victim of a surgical error.

How can Sommers Roth and Elmaleh help me if I’m interested in obtaining compensation for a surgical error?

At Sommers Roth and Elmaleh, we have extensive experience pursuing medical malpractice cases. We have one goal at our firm – to get our clients the compensation they deserve if they’ve been victims of medical malpractice.

When you come to us to learn about obtaining compensation for surgical errors, we can explain to you:

  • What exactly is considered medical malpractice. Medical malpractice can take a wide variety of forms, including a medical misdiagnosis, unnecessary surgery, an improper dosage of medication, and early discharge from a hospital. Other areas that are specifically related to medical malpractice associated with pregnancy and birth are birth trauma, cerebral palsy, and spina bifida.
  • Whether we think you have a strong case for medical malpractice. In order to prove medical malpractice, you must be able to prove that your medical team did not provide you with an expected standard of care.
  • What kind of compensation for a surgical error we may be able to get for you. Whether you suffered nerve damage due to a mistake during surgery or suffered complications because you were not provided with the proper aftercare, we can pursue a medical malpractice lawsuit for you to obtain compensation for surgical errors.

Pursuing a medical malpractice case can be challenging and exhausting. We’re here to fight for you to obtain compensation, so you can focus on resting and recovering from your surgical error.

You Don’t Have to Fight for Compensation for Surgical Errors Alone

At Sommers Roth and Elmaleh, our lawyers have extensive experience pursuing various medical malpractice cases. We will discuss your situation with you regarding surgical errors and determine if you have a strong enough case to pursue compensation. We’ve been helping Canadians get the compensation they deserve for surgical errors for over forty years.

Contact Us to Learn More About Obtaining Compensation for Surgical Errors

If you or a loved one has been the victim of a surgical error, you have the right to pursue a medical malpractice case to obtain compensation. We offer you a free consultation to discuss the strength of your medical malpractice case, and we don’t get paid unless we win your case.

To learn more about how we can help you obtain compensation for surgical errors, call us at 1-844-777-7372 or contact us online.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.



    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


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    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
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    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
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    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.