What Are Common Surgical Errors?

Gregg Hollander | December 16, 2025 | Medical Malpractice \ Uncategorized

Surgery always carries risk. Patients are told about bleeding, infection, and other complications in consent forms. The fact that a complication occurs does not automatically mean malpractice. The key is understanding when a bad outcome crosses that line.

I see several recurring surgical problems:

  • Injury to nearby organs during abdominal surgery, such as cutting the common bile duct during gallbladder removal
  • Perforation of the bowel or bladder that is not recognized and repaired before the patient is closed
  • Retained foreign bodies, most commonly surgical sponges
  • Poor surgical technique documented in operative reports and confirmed by experts

In gallbladder surgery, for example, a surgeon can fail to identify the anatomy correctly and transect the common bile duct or other critical structures. If that is not recognized during the operation, the patient can suffer serious complications.

How Do You Prove A Surgical Error?

Patients are understandably confused about how do you prove a surgical error while they were under anesthesia. The proof comes from:

  • Operative reports and surgical checklists
  • Anesthesia records and nursing notes
  • Postoperative imaging and, sometimes, video or fluoroscopic images from the procedure
  • Expert review by surgeons in the same specialty

We compare what the surgeon says they did to what a reasonably careful surgeon would have done. We look for inconsistencies, flaws in technique, and patterns that suggest negligence.

If I Get an Infection Is It Malpractice?

No. Infections are known and recognized complications of surgery. Often we cannot even determine the precise source of the bacteria.

If you are wondering, if I get an infection is it malpractice, the answer is that someone developing an infection after a procedure does not, by itself, create a malpractice case. Infection is a risk that patients are usually warned about in consent forms.

The malpractice issue arises when:

  • Clear signs and symptoms of infection are present
  • Those red flags are not recognized or treated in a timely way
  • The delay in treatment causes severe harm

Case Example: Post Surgery Warning Signs Ignored Until the Infection Became Catastrophic

What is a real life example of medical negligence? Consider a patient who undergoes colon resection for colon cancer. Part of the colon is removed and the ends are reconnected.

After surgery, the patient:

  • Has increasing abdominal pain
  • Develops a fever
  • Has an abnormal abdominal exam
  • Has difficulty with bowel function

These are classic warning signs of a possible leak or deep infection. Instead of investigating further and keeping the patient in the hospital, the team discharges the patient.

Once at home, the patient’s condition rapidly deteriorates. By the time they are rushed back to the hospital, they are septic. The infection has spread throughout the abdomen, and their condition may no longer be salvageable.

In that scenario:

  • The infection itself is a known risk
  • The negligence is the failure to recognize and act on the warning signs
  • The delay in diagnosis and treatment is what turns a known risk into a malpractice claim

That is very different from a routine, well managed postoperative infection.

Retained Foreign Bodies

Retained surgical sponges are another category where we often see liability. There is even a statutory cause of action in Florida for foreign bodies left in a patient.

Even if a sponge is later removed without long term damage, the patient still has to undergo another procedure, another round of anesthesia, and additional pain and scarring. Whether it is economically viable to sue will depend on the severity of the harm, but from a liability perspective, leaving a sponge behind is almost always considered malpractice.

Talk With a Florida Medical Malpractice Lawyer About Surgical Errors

If you are dealing with complications after surgery and you are asking questions like how do you prove a surgical error?, if I get an infection is it malpractice, or what is a real life example of medical negligence?, the next step is to get answers from the medical records and a qualified expert review.

Hollander Law Firm Accident Injury Lawyers can evaluate whether what happened was a known surgical risk or a preventable mistake, and explain your options during a free consultation.

Contact Our Florida Medical Malpractice Lawyers

Hollander Law Firm Accident Injury Lawyers, Boca Raton Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
(561) 510-7892

Hollander Law Firm Accident Injury Lawyers, Fort Lauderdale Office
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Fort Lauderdale, FL 33301
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Hollander Law Firm Accident Injury Lawyers, West Palm Beach Office
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West Palm Beach, FL 33401
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