Medical Malpractice

Steps to Take When a Surgeon Makes a Mistake

Given that surgeons are highly trained individuals with years of practice under their belt, it’s unlikely that your surgery goes amiss. However, surgeons are real people, and not robots (though, many surgeries take place these days with robotic assistance). Given that, there is always a possibility that a surgeon makes a human error and as a result, injures the patient.

Thankfully, there are standards in place to protect patient health and provide a patient with legal rights in the event they are affected by medical malpractice.

What Surgeons Are Required to Do

Surgeons have a strict set of legal standards they are obliged to follow should a mistake occur during surgery.

If your surgeon makes a mistake during a procedure, they are required to:

  • Notify the patient of the error within 24 hours.
  • Explain the nature of the error to the patient and family members.
  • Assume responsibility for the mistake.
  • Take active measures to remedy the mistake and inform the patient of their options.

If your surgeon has made a mistake and fails to do any of the above, they may be subject to liability by law.

Filing a Lawsuit Against a Surgeon

Surgical malpractice falls under the general umbrella of negligent crime. To successfully bring a malpractice suit to fruition, the patient must follow important procedures.

To file a medical malpractice suit for a mistake made during surgery, the patient must provide evidence of some crucial elements:

  • The patient must prove they had a relationship with the doctor or surgeon.
  • The patient must prove the treatment administered by the doctor fell below the standard of care.
  • The patient must prove that the doctor’s actions worsened their preexisting condition or injury.
  • The patient must prove they suffered damages (physical, emotional, or financial) because of the error.

If a patient has proof of the above, they can move forward with a medical malpractice claim for a mistake made during surgery.


If you put your health in the hands of a doctor and walked away with damages from an error they made, you may have the right to pursue legal action. Doctors and surgeons are among some of the most highly educated professionals in society, and for good reason.

Mistakes made during surgery can impact the patient for the rest of their life. Therefore, always assess your legal rights when you believe you are subject to medical malpractice. Contact Grewer Law Group for more information.

Grewer Law

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Grewer Law

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