Another common form of medical malpractice is surgical error.

This occurs when a patient suffers an injury from surgery because the doctor fell below the standard of care in that he/she:

  • Performs the wrong operation or operates on the wrong patient.
  • Performs an operation on a patient who should not reasonably have been considered a candidate for the surgery.
  • Cuts or damages a part of the body that should not reasonably have been damaged.
  • Fails to properly administer anesthesia.
  • Leaves a surgical instrument or sponge in the patient’s body.
  • Improperly inserts a medical device or prosthesis such as a pacemaker or artificial hip.