Surgery complications: what you need to know from a legal perspective

Medical Malpractice - November 13, 2024

Surgery is a critical step toward recovery for many, but what happens when something goes wrong? While some complications are expected risks of surgery, others arise from preventable errors that leave patients wondering, “Can you sue for surgery complications?” The aftermath of surgical mistakes can be life-changing, leading to physical pain, emotional distress, and financial burdens.

At Horwitz, Horwitz & Associates, our Chicago medical malpractice lawyers believe patients deserve answers and justice when medical negligence occurs. This guide dives into the legal side of surgery complications, helping you understand your rights, the steps to take, and how Illinois law applies to these complex cases. We’re here to advocate for you whether you’re grappling with a botched procedure or a preventable complication.

What are surgery complications?

Surgery complications refer to unexpected issues or adverse events during or after a surgical procedure. While some risks are inherent to surgery and disclosed beforehand, others result from preventable errors. Common complications include:

• Infections: Such as surgical site infections or sepsis.
• Anesthesia errors: Including improper dosages or failure to monitor the patient.
• Organ damage: Unintended injury to surrounding organs during surgery.
• Nerve damage: Resulting from poor technique or lack of precision.
• Blood clots: Leading to conditions like deep vein thrombosis or pulmonary embolism.
• Postoperative bleeding: Beyond the expected amount, often caused by inadequate suturing or monitoring.

Can you sue for surgery complications?

Yes, you can sue for surgery complications if they result from negligence or a failure to meet the standard of care. Medical malpractice lawsuits aim to hold healthcare providers accountable for errors that could have been avoided if reasonable care had been exercised.

Understanding negligence in surgery

For a lawsuit to succeed, you must prove negligence. This involves showing:

• A doctor-patient relationship: Establishing that the healthcare provider owed you a duty of care.
• Breach of duty: Demonstrating that the surgeon or medical staff failed to meet the standard of care.
• Causation: Proving that the breach directly caused your complications.
• Damages: Showing that you suffered harm, such as additional medical bills, pain and suffering, or lost income.

Examples of negligence in surgery

Not all surgery complications result from malpractice. However, negligence may include:

• Performing the wrong procedure or operating on the wrong body part.
• Leaving surgical instruments or sponges inside the body.
• Failing to identify or address complications during or after surgery.
• Using unsanitary tools or environments that lead to preventable infections.
• Misreading medical charts, resulting in improper treatment.

Common legal claims involving surgery complications

Misdiagnosis or delayed diagnosis

If your surgeon failed to recognize a condition leading to complications, they could be liable. For instance, operating without identifying contraindications or preexisting conditions may constitute malpractice.

Failure to obtain informed consent

Before surgery, your doctor must explain the risks, benefits, and alternatives. If you were not informed of potential complications and suffered harm, you may have grounds for a claim under Illinois law.

Postoperative care errors

Negligent monitoring or follow-up care after surgery can lead to worsening complications. Failure to recognize early signs of infection or internal bleeding may justify legal action.

Compensation for surgery complications

Victims of medical malpractice may seek compensation for:

• Medical expenses: Covering additional surgeries, treatments, or rehabilitation.
• Lost wages: Including current and future earnings if complications prevent you from working.
• Pain and suffering: Addressing physical pain, emotional distress, and diminished quality of life.
• Loss of consortium: Compensation for how the injury affects your relationship with loved ones.

Legal considerations in Illinois

Statute of limitations

In Illinois, medical malpractice claims must be filed within two years of discovering the injury or within four years of the incident, whichever comes first. (735 ILCS 5/13-212)

Certificate of merit

Illinois law requires a certificate of merit for medical malpractice cases. This document, signed by a qualified healthcare professional, affirms that your case has merit and the provider may have deviated from standard care.

Comparative negligence

Illinois follows a modified comparative negligence rule. If the plaintiff is found partially at fault for their injuries, their compensation will be reduced proportionally. If their fault exceeds 50%, they cannot recover damages. (735 ILCS 5/2-1116)

How Horwitz, Horwitz & Associates can help

At Horwitz, Horwitz & Associates, we’ve advocated for injured patients for over a century. If you’ve experienced surgery complications due to negligence, our skilled legal team can:

• Evaluate your case: We’ll review your medical records and consult with experts to determine if negligence occurred.
• Gather evidence: From medical records to expert testimony, we’ll build a strong case to support your claim.
• Pursue maximum compensation: Whether through negotiation or litigation, we’ll fight to secure the compensation you deserve.

Have you suffered complications from surgery? We can help.

Surgery complications can be life-altering, especially when they result from negligence. If you believe your complications could have been avoided, you may have the right to seek compensation. Understanding your legal options and working with an experienced attorney can make all the difference in your recovery journey.

Contact Horwitz, Horwitz & Associates for a free consultation to discuss your case. Call (800) 985-1819 or visit our website to schedule your appointment today. Let us help you secure justice and the compensation you need to move forward.