Medical Malpractice Lawsuits For Surgical Errors
Last updated on April 11, 2025
Surgical procedures are a form of modern miracles. They save lives every day. But when a surgery goes wrong and medical errors or mistakes are made and the surgery actually makes everything worse, the results can be devastating.
John Hammons has been helping victims of medical malpractice throughout Louisiana since 1980. Over the past 40 years, he has developed a team of attorneys and staff dedicated to representing victims of medical malpractice. With offices in Shreveport and Lafayette, our medical malpractice attorneys at Nelson & Hammons, Attorneys At Law, help those who have suffered from injuries or illnesses due to medical mistakes and surgical errors recover financial compensation for their losses. To discuss your case, call us at 318-716-7329 or send an email online.
Medical Negligence During Surgery
While surgery of any form can have risks, when medical mistakes and preventable errors occur during a procedure and cause injury or harm to the patient, this can be considered negligence and potentially provide the foundation for a medical malpractice lawsuit. Surgery risks are always present and should be discussed with you before your surgery.
Adverse reactions or complications from surgery are not necessarily errors, even if they cause injury or harm. Surgical errors are defined as mistakes that should have been prevented through reasonable competence by a surgeon, the surgical team and the medical facility. When a surgical mistake or error is made and it causes harm, injury or death to the patient, it can be considered a form of medical malpractice.
Types Of Surgical Mistakes
Thousands of people are harmed every year by surgical errors and mistakes. Even a routine surgery can turn into a medical catastrophe if errors are made by the medical team. Some common surgical errors that result in pain, suffering or injury to patients include:
- Wrong-site surgery: Surgery was performed on the wrong site (for example, the left kidney was removed instead of the right).
- Wrong-patient surgery: Surgery was performed on the wrong patient.
- Forgotten tools: Medical tools or equipment were left inside the patient.
- Anesthesia errors: Mistakes were made with the administration of anesthesia.
- Damage to nerves or tissue: Mistakes or errors caused nerve or tissue damage.
- Improper incisions: Surgical incisions were made by mistake or in the wrong place.
These mistakes during surgery are preventable and are not generally among the expected risks of surgery. When negligence during the surgical procedure can be proven and there was harm caused by the mistake, the patient has the legal right to pursue compensation for damages under medical malpractice laws in Louisiana.
Experienced Surgical Error Medical Malpractice Attorneys
In Louisiana, there are strict laws that protect the medical community from medical malpractice lawsuits. Extensive research and investigation are required to uncover and identify the errors and mistakes made by a surgical team. The steps toward litigation are complicated and are often appealed by the medical community. In addition, time is of the essence. There are strict filing deadlines on how quickly you have to file a claim for damages after a surgical error in Louisiana.
At Nelson & Hammons, Attorneys At Law, our medical malpractice lawyers have decades of experience and only handle medical negligence cases. When a surgical error has caused you harm, our attorneys have the knowledge and experience to help you fight for justice and financial compensation for your pain and suffering.
Frequently Asked Questions About Surgical Errors
At Nelson & Hammons, Attorneys At Law, we understand that surgical errors can be devastating. These mistakes can lead to additional pain, suffering and financial burden. We’ve compiled answers to common questions about surgical error claims in Louisiana to help guide you through this difficult time.
What do I do if my surgeon did the wrong surgery?
If you’ve been a victim of wrong-site or wrong-procedure surgery in Louisiana, take these immediate steps:
- Document everything about your experience and injuries
- Request complete copies of your medical records
- Seek appropriate medical care to address complications
- Avoid signing any documents from the hospital or insurance companies
- Contact a qualified surgical error attorney immediately
Louisiana law provides specific protections under medical malpractice statutes, but you must act quickly. The statute of limitations is typically one year from the date you discovered the error, with a three-year absolute limit from when the error occurred.
How do I know if an infection is caused by surgical neglect?
Determining if your post-surgical infection resulted from negligence requires examining several factors:
- Timing of the infection (immediately following surgery suggests potential negligence)
- Proper sterilization protocol documentation
- Evidence of contaminated surgical instruments or environment
- Failure to prescribe preventative antibiotics when indicated
- Inadequate wound care instructions or follow-up
Under Louisiana law, infections aren’t automatically considered malpractice. However, if health care providers fail to follow standard infection prevention protocols or ignore early infection signs, they may be liable. A medical malpractice attorney can review your case to determine if negligence occurred.
What leads to surgical errors in Louisiana hospitals?
Surgical errors in Louisiana hospitals commonly result from:
- Inadequate preoperative planning or communication
- Surgeon fatigue or understaffing issues
- Failure to verify patient identity, procedure or surgical site
- Poor communication between surgical team members
- Improper training or supervision of medical staff
- Equipment failures or improper use of surgical tools
- Substance abuse by medical personnel (unfortunately, this does occur)
Louisiana hospitals must follow specific safety protocols established by both state regulations and national health care standards. When these protocols are ignored or bypassed, the risk of surgical errors increases significantly.
Will my settlement pay for both surgery and corrections?
Yes, a successful surgical error settlement in Louisiana typically covers:
- All medical expenses related to the original surgery
- Corrective procedures and treatments
- Rehabilitation costs
- Lost wages during recovery
- Pain and suffering compensation
- Future medical needs related to the error
Louisiana law allows for compensation for both economic damages (medical bills, lost income) and noneconomic damages (pain and suffering). However, Louisiana caps noneconomic damages at $500,000, though this cap doesn’t apply to future medical care costs, which can be awarded separately.
Should I pay my surgical bills during my case?
While your case is pending:
- Continue to submit bills to your health insurance
- Keep detailed records of all payments and correspondence
- Inform medical providers about your pending legal claim
- Consider negotiating with providers for delayed payment plans
- Discuss with your attorney about potential medical liens
Under Louisiana law, paying your bills doesn’t admit fault or weaken your case. In fact, maintaining your financial obligations helps preserve your credit standing. If your case succeeds, your settlement will typically reimburse these expenses, and your attorney can often negotiate with medical providers to reduce outstanding balances.
Call Us For A Free Consultation And Case Evaluation
When you or a loved one has been injured due to a surgical error that could have been prevented, you have the right to seek compensation. Contact us at 318-716-7329 or send an email using our online contact form to schedule your free appointment today.