Connecticut Surgical Error Attorneys

Filing a Surgeon Malpractice Claim

Surgeons are extensively trained medical professionals who are held to a high standard of care—for good reason. A surgical error can have disastrous consequences for the patient, including severe complications, life-threatening infection, and death. 

Unfortunately, surgery errors can and do happen and when they do, victims and/or their loved ones have the right to hold negligent surgeons, hospitals, and other parties accountable. At RisCassi & Davis, P.C., we have been successfully representing victims of medical malpractice, including cases involving surgery errors, since 1955. 

Our attorneys, several of whom are Board Certified as Civil Trial Law Advocates by the National Board of Trial Advocacy, use their expansive resources, impressive skill, and legal expertise to advocate tirelessly for victims of negligent and wrongful conduct. We know what you are up against, and we are ready to help you fight for your right to a fair recovery.

If you would like to speak to one of our surgical error lawyers in Connecticut about your potential claim, please call us at (860) 245-2412 today for a free, no-obligation consultation. 

What Constitutes a Surgical Error?

A surgical error occurs when a surgeon or another medical professional/facility fails to uphold the standard of care owed to the patient. This can take many forms, but it essentially means that the liable party was somehow negligent, and this led to the patient experiencing injuries/harm and damages.

Some examples of common surgical errors include:

• Retained instruments/objects left behind in the patient
• Wrong-site surgery
• Surgery on the wrong patient
• Unnecessary surgery
• Damage to nearby organs
• Nerve damage
• Operational mistakes
• Failure to monitor the patient
• Anesthesia errors
• Poor post-operative care
• Infections occurring following surgery
• Failure to notify the surgeon of changes in the patient’s vital signs/stability

Some errors, such as objects or tools being left behind in the patient’s body after surgery or operating on the wrong patient, are referred to as “never mistakes,” meaning they should never happen and are never excusable. In any case, nearly all surgical mistakes are preventable and only occur as a result of negligence.

Retained Instruments

Doctors tend to use the word “retained” to describe objects inadvertently left behind inside the bodies of patients, often in their abdominal cavities, after surgery. These foreign objects can cause great harm to patients, including infection or sepsis.

A key issue in these cases is the legal responsibility of the surgeon, who is often a private physician, as opposed to the nursing staff, who are often employed by a hospital. 

The surgeon is generally in charge of the surgical procedure but often delegates the requirement to count sponges and to make sure that all are properly accounted for before the surgery is concluded to assistive staff. 

This can complicate cases involving retained instruments/objects left behind in the body, as it can be difficult to determine if the surgeon is legally liable, or if responsibility rests with the attending staff or hospital that employs them.

With over 70 years of legal experience, we at RisCassi & Davis, P.C. know how to effectively investigate these types of cases. 

Our surgical error attorneys in Connecticut often work with medical experts and specialists in determining:

• How the incident occurred
• Whether the standard of care was breached
• And who was at fault

This allows us to identify the liable party and build strong cases on behalf of our clients.

You may call our office at (860) 245-2412 or contact our Connecticut surgical error attorneys using the form on our website.