Surgical Malpractice

Lawyer for Surgical Errors in Louisville, KY

When you go into the hospital for surgery, you expect to receive professional care from experienced doctors who know exactly what they are doing. You are putting your health, your livelihood, and even your life in their hands, and you expect them to handle the situation accordingly.

Many surgeons provide this level of care. Indeed, most surgeries are successful, and most patients who undergo surgical procedures are able to fully recover while benefitting from the outcome of their operations. However, tragically, this is not always the case. Surgical errors lead to thousands of injuries each year, and many victims die as a result of their surgeons’ and other physicians’ mistakes.

Common Surgical Errors in Kentucky Hospitals

In the medical field, many types of surgical errors are referred to as “never events,” meaning that they should never occur if doctors provide the appropriate standard of care. But, the reality is that they do occur – according to Johns Hopkins, at least 4,000 times per year.

Some of these “never events” and other common surgical errors include:

  • Anesthesia Errors – A variety of types of anesthesia errors can lead to serious complications both during and after surgery. Intubation errors, failure to review patients’ medical records, and inadequate patient monitoring are just a few examples of mistakes that can have serious long-term effects.
  • Failing to Obtain Informed Consent – Prior to performing surgery, your surgeon must explain the procedure and risks involved. As the patient, you have the right (except in certain, narrowly-defined emergency situations) to understand the treatment you are receiving and make an informed decision about whether or not to undergo surgery. If you consented to a procedure that you would not have undertaken had you known all of the risks, you may have grounds to file a claim for surgical malpractice.
  • Operating on the Wrong Body Part (Wrong-Site Surgery) – Across the country, data show that surgeons operate on the wrong body part 20 times per week. While this is an extremely small percentage of all operations, it is still an extraordinarily high number for such a catastrophic mistake. This means that more than 1,000 patients each year have operations that are both (i) not medically necessary, and (ii) fail to address their medical condition.
  • Operating on the Wrong Patient – Similar consequences result when a surgeon operates on the wrong patient. In busy hospitals and emergency rooms, administrative staff, nurses, and doctors may mix up patient files or make other mistakes that lead to one patient receiving a procedure intended for another.
  • Performing an Operation Unrelated to the Patient’s Diagnosis – Data also show that surgeons perform the wrong operations on patients more than 1,000 times per year.
  • Causing Injuries During Surgery – One of the most common forms of medical errors involves making mistakes that result in injuries during surgery. Misplaced incisions, excessive bleeding, organ damage, and other mistakes and complications can require emergency treatment, prolonged recoveries, and additional procedures.
  • Leaving Foreign Objects in the Patient’s Body – On average, surgeons leave sponges, towels, surgical tools, and other foreign objects in patients bodies at a rate of five times every single day.
  • Failing to Acknowledge the Clinical Signs of a Possible Complication – During surgery, doctors and nurses must constantly monitor patients for signs of potential complications. If your surgeon ignored the signs of an issue and you suffered harm as a result, you may be entitled to compensation.

The Consequences of Surgical Malpractice

Patients who fall victim to these and other surgical errors can face weeks, months, or even a lifetime of consequences.  Of course, one of the most immediate consequences is that you will often have to undergo another surgical procedure in order to fix your surgeon’s mistake. This, along with other factors, can lead to:

  • Exorbitant medical bills
  • Future medical expenses
  • Prescription medication costs
  • Counseling, therapy, and rehabilitation costs
  • Lost income
  • Inability to return to your job
  • Pain and suffering
  • Loss of consortium and companionship
  • Loss of enjoyment of life

All together, you could be facing tens of thousands, hundreds of thousands, or even millions of dollars in potential losses. To protect yourself and your family, you need to speak with an attorney right away.

Contact Gladstein Law Firm, PLLC about Your Surgical Malpractice Claim

You did not deserve to fall victim to a surgical error, and you do not deserve to bear the financial burden of your doctor’s mistake. At Gladstein Law Firm, PLLC, we can help you fight for just compensation. For a *free consultation with Louisville attorney Seth Gladstein, call (800) 991-0474 or submit our online request form today.


*Each case is different and the past record is no assurance that we will be successful in reaching a favorable result in any future case. Among many settlements, Gladstein Law Firm has recovered: $1.8 Million settlement for medical malpractice case involving negligent performance of hysterectomy (Christian Circuit Court); $1.75 Million medical malpractice case involving negligent failure to timely diagnose and treat lung cancer (Jefferson Circuit Court); $550,000 settlement for failure to diagnose prostate cancer (pre-litigation settlement); $500,000 settlement for negligent failure to diagnose and treat an impending stroke after brain surgery (Jefferson Circuit Court); and $195,000 settlement for negligent failure to diagnose and treat a potentially life-threatening heart condition (Macon Co., N.C.; served as co-counsel)  Click here to see some of Gladstein Law Firm, PLLC’s successes. Client pays costs only upon recovery.

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