What are Your Rights After a Surgical Error?

A surgery is supposed to fix a problem, not create a new one. When something goes wrong in the operating room, it can leave you dealing with pain, fear, extra treatment, and bills you never expected. Some bad outcomes are known risks. But a surgical error is different, it’s a preventable mistake that should not happen when proper safety steps are followed.

If you think a surgical error happened, knowing your rights can help you take the next step with more confidence.

What Counts as a Surgical Error?

A surgical error is usually described as a preventable mistake during surgery, not an unavoidable complication.

Common examples include:

• Wrong procedure
• Wrong-site or wrong-patient surgery
• Retained surgical items
• Anesthesia errors
• Injury to nearby organs, vessels, or nerves

Why Does It Matter to Understand Your Rights?

After a surgical error, the hospital or an insurance company may act fast, sometimes before you have clear answers. This can feel like a lot when you’re still in pain and trying to recover. Knowing your rights helps you take control, get the records you need, and avoid signing or agreeing to anything before you understand your options.

What are Your Rights After a Surgical Error?

1. The right to safe competent medical care

You have the right to care that meets accepted medical standards. A surgical error may become malpractice when there is a breach of the standard of care, it causes harm, and you suffer damages.

2. The right to clear information about what happened

You can ask direct questions about:

• What procedure was performed
• What complications occurred
• Whether there was an unplanned event during surgery
• What needs to happen next

If explanations keep changing or feel vague, that can be a sign you need a closer review.

3. The right to access your medical records

You have the right to request your records, including the documents that often matter most in surgical error cases:

• Operative report
• Anesthesia record
• Medication administration logs
• Recovery room (PACU) notes
• post-op orders and discharge instructions

These records help show what was planned, what was done, and when key changes happened.

4. The right to get a second opinion

A second opinion can help you understand whether your outcome matches known risks or whether it suggests a preventable mistake.

5. The right to seek compensation if negligence caused harm

If a preventable surgical mistake caused injury, a malpractice claim may seek compensation for losses such as:

• Additional medical bills and corrective procedures
• Lost income
• Pain and suffering
• Long-term disability or life-care needs

6. The right to pursue accountability beyond the surgeon

Responsibility may involve more than one party, depending on what went wrong. Liability can include the surgeon, anesthesia providers, nurses, and even the hospital or surgery center in some situations.

How to Address If I Suspected There was a Surgical Error?

1. Get medical help first

If you have severe pain, fever, trouble breathing, fainting, heavy bleeding, or worsening symptoms, get help right away. Health comes first.

2. Request your full records as soon as you can

Ask for complete records, not just a visit summary. In many cases, the operative report and anesthesia notes are the clearest source of what actually happened.

3. Write down a simple timeline

Keep notes on:

• What you were told before surgery
• When symptoms started after surgery
• Follow-up visits and what you were told
• New medications or changes in treatment

4. Watch for common red flags after surgery

Some warning signs that show up in surgical error discussions include:

• Pain on the wrong side or wrong area
• Unplanned return to the operating room
• Serious infection or sepsis concerns
• Records that mention an unintended tear, burn, or vessel injury

A red flag is not proof by itself. But it can be a reason to ask for a review.

5. Talk to a lawyer before you sign anything you don’t understand

Hospitals and insurers may ask for statements or paperwork. It’s okay to pause. A lawyer can help you understand your options, gather the right records, and avoid common mistakes during the early stages. Also, contact a wrong procedure lawyer if you suspect a wrong procedure was performed.

Ready to Get Answers About What Happened?

If you believe a surgical error caused serious harm, you deserve clear information and a plan. Contact Lowenthal & Abrams, P.C. to talk through what happened, review the details, and understand what next steps may make sense. You do not have to carry this alone.