Before undergoing a surgical procedure, most patients sign a “consent” form acknowledging that they have been advised with regard to the risks of the proposed surgery. However, when a patient suffers one of those complications, the surgeon may nonetheless be liable. Some surgical complications are indicative of malpractice even if they are reported to have occurred in other contexts.

Surgical Procedure – “Accepted Risk”

Even surgical complications that are considered to be among the “accepted risks” of a particular surgical procedure can give rise to a medical malpractice claim if they are not timely recognized and addressed. For instance, some injuries to the urinary tract are known to be associated with certain gynecological procedures. One gynecology textbook declares that “it is not a sin to injure a ureter during a hysterectomy, but it is a great sin to fail to recognize it during surgery.”

If you have suffered a surgical complication that you suspect should have been avoided, you should consult with an attorney who can have your records reviewed. Slade McLaughlin and Paul Lauricella have decades of experience handling medical malpractice cases such as these, and can counsel you with respect to your options.