Surgical procedures, even routine ones, are inherently dangerous. Even though many modern patients take the reality of surgery somewhat for granted, it does involve cutting into the body and exposing it to a number of risks.
Patients in Michigan place immense trust in their surgeons, anesthesiologists and medical teams to provide competent, careful care in surgical scenarios. Unfortunately, surgical errors occur with alarming frequency, sometimes with devastating consequences. Thankfully, when a surgical mistake results from negligence rather than an unavoidable complication, patients may have grounds for a medical malpractice claim. Meaning, those who have been harmed in ways that should have been prevented have opportunities to seek justice.
When preventable things go terribly wrong
Surgical errors can take many forms. One of the most alarming is wrong-site surgery—when a procedure is performed on the wrong part of the body, or even on the wrong patient. Other preventable errors include leaving surgical instruments or sponges inside the body, incorrect incisions, anesthesia mistake and/or damage to nearby organs and tissues. Infections due to poor sterilization, failure to monitor vital signs and post-operative negligence are also categorized as surgical errors when they result from lapses professional standards of care.
The impacts of these errors can be life-altering. Some patients may require additional surgeries to correct the damage, face extended hospital stays or develop chronic pain and disability. Others may suffer irreversible injuries or, in the most tragic cases, lose their lives. Beyond the physical toll, victims and their families often endure emotional distress, financial strain from lost income and medical bills and a deep loss of trust in the healthcare system.
Michigan law allows patients harmed by surgical errors to pursue compensation through medical malpractice claims. These claims are complex and must meet strict procedural requirements, including obtaining an affidavit of merit from a qualified medical professional. In Michigan, there is also a statute of limitations—generally two years from the date of the incident or six months from the discovery of the injury, whichever is later. Missing these deadlines can prevent a victim from seeking any legal remedy.
Because of the technical nature of these cases and the resources available to hospitals and their insurers, having experienced legal representation is important. The complexities of a patient’s legal situation and the stakes of the situation are so high that no one should attempt to seek justice for a surgical error alone.