Key Takeaways
- Surgical errors are among the most common causes of medical malpractice claims in Texas.
- A complication is not the same as negligence; the question is whether the surgeon met the standard of care.
- Wrong-site surgery, retained instruments, and nerve damage from poor technique are established bases for claims.
- Texas caps non-economic damages in medical malpractice at $250,000 per defendant, but economic damages are unlimited.
- Acting quickly to preserve surgical records and incident reports is critical to protecting your legal rights.
Complication vs. Negligence: The Distinction That Drives Every Case
Surgery carries inherent risk, and not every patient who experiences an unexpected outcome has a legal claim. Our Dallas medical malpractice lawyers are frequently asked to evaluate cases where something went wrong in the operating room. Before deciding whether you have a case, read our overview of what constitutes a medical malpractice case in Texas.
Categories of Surgical Error That Commonly Support Claims
Wrong-Site and Wrong-Patient Procedures
Operating on the wrong organ, the wrong side, or the wrong patient are defined as “never events.” When these errors occur at a Texas hospital, they represent clear departures from the standard of care.
Retained Surgical Objects
Leaving a sponge, clamp, needle, or other instrument inside a patient after surgery is another recognized never event. Surgical teams are required to perform instrument and sponge counts before and after every procedure. When counts fail and a foreign body is left inside the patient, the harm caused is directly attributable to that failure.
Nerve, Vessel, and Organ Damage from Poor Technique
Expert analysis of the operative report can often distinguish between a recognized risk and a technique failure. A Dallas surgery mistake lawyer evaluates the operative record, surgical photography, and the postoperative course to determine whether the injury resulted from avoidable error.
Failure to Recognize Postoperative Complications
Many surgical malpractice cases involve the postoperative period. Failure to diagnose or failure to treat a serious postoperative complication with appropriate urgency can be independently actionable.
What Texas Law Says About Damages
Under Chapter 74, non-economic damages are capped at $250,000 per defendant. Economic damages are not capped. Read more in our FAQ: is there a damages cap on medical malpractice in Texas?
Frequently Asked Questions
How do I know if my surgical complication is negligence or a known risk?
The answer requires a review of the surgical records by a qualified expert. Our article on whether medical malpractice claims are frivolous addresses common misconceptions about this question.
Can I sue the hospital as well as the surgeon?
Yes. A Dallas hospital mistake lawyer can evaluate whether the hospital faces direct or vicarious liability for the conduct of its employees, defective equipment, or inadequate protocols.
What is the statute of limitations for a surgical malpractice case in Texas?
In most cases, two years from the date of the negligent act. Our medical malpractice statute of limitations FAQ explains the exceptions, including foreign body cases and the discovery rule.
FREE CASE REVIEW: If you or a family member suffered a serious surgical complication in Texas and believe the surgical team made a preventable error, Rasansky McKenzie Law offers free, confidential case evaluations. Call us today.