Medical errors can have devastating consequences, affecting not just patients but also their families. According to Forbes, medical errors cause 251,000 deaths annually. This positions them as a leading cause of death in the United States, accounting for 9.5% of all deaths each year. 

These errors can occur in various forms, from misdiagnoses to medication mistakes, and they often result in severe complications and long-term health issues.

Surgical errors, in particular, constitute a significant portion of these medical mistakes. They can lead to catastrophic outcomes, including infections, additional surgeries, or even death. The legal ramifications of surgical errors can be complex, often leading to lengthy lawsuits and significant emotional and financial strain on families.

Let’s look into three recent surgical error cases that highlight the far-reaching effects of these mistakes and the subsequent legal proceedings that ensue.

Case 1: The Mislabeled Organ

In August 2024, 70-year-old William Bryan from Alabama went to Ascension Sacred Heart Emerald Coast Hospital in Florida for surgery to correct spleen abnormalities. Persuaded by medical professionals to undergo a procedure, he never imagined he would come out of it without his liver. 

During the surgery, Dr. Thomas Shaknovsky mistakenly removed Bryan’s liver instead of the spleen, NBC News reports. This error was alarming, especially since Dr. Shaknovsky had made a similar mistake in 2023, raising concerns about his surgical practices and the hospital’s oversight. The surgeon allegedly transected major blood vessels, resulting in immediate catastrophic blood loss and Bryan’s death on the operating table.

This tragedy raises profound questions about surgical protocols and accountability. Beverly Bryan, William’s widow, is pursuing legal action against the medical team involved. She seeks justice not only for herself but also to prevent similar incidents from occurring in the future. 

Lesser, Lesser, Landy & Smith notes that pursuing wrongful death cases like this requires patience and the expertise of an experienced personal injury lawyer. 

An experienced lawyer can manage the intricacies of medical malpractice law, collect essential evidence, and dedicate themselves to constructing a compelling case. They can assist families in comprehending their rights and the legal avenues open to them. 

Furthermore, an attorney can engage in negotiations with insurance providers and advocate for families in court. They aim to secure compensation for emotional distress, lost income, and other damages resulting from the tragic loss of a loved one.

Case 2: The Appendicitis Mix-Up

In another instance, George Piano from Washington sought emergency treatment for abdominal pain, only to become embroiled in a medical malpractice lawsuit. 

After being diagnosed with appendicitis, he was taken urgently to the University of Washington Medical Center for surgery. However, on December 6, 2022, the surgeons were unable to find his appendix and mistakenly removed a section of his bowel instead. 

According to USA Today, after the operation, Piano suffered intense pain, and a CT scan showed that his appendix had not been removed. 

This surgical mistake led to additional surgeries to address the resulting complications. Throughout the year, Piano was hospitalized for a total of 53 days and lost approximately 40 pounds. 

He has also experienced anxiety and short-term memory loss due to the alleged medical mishap. Piano’s experience demonstrates how surgical mistakes can lead to a chain of health crises, significantly complicating a patient’s recovery and overall quality of life.

In November 2023, he filed a lawsuit against the medical facility, emphasizing the necessity for accountability and improved training for medical personnel. His case is a reminder of the profound impact surgical errors can have on patients, sometimes resulting in long-term physical and emotional trauma.

Case 3: The Stray Electrical Arc

In a tragic case involving advanced surgical technology, Palm Beach County’s Sandra Sultzer suffered fatal injuries during a colon cancer procedure in September 2021. Tampa Bay Times notes that the injuries were caused by a stray electrical arc from a da Vinci surgical robot used in the operation. 

Her husband, Harvey Sultzer, alleges that Intuitive Surgical Inc. failed to adequately warn patients of the risks associated with their device. He also claims the company did not ensure proper training for surgeons using the robot. Sandra suffered a thermal injury to her small intestine, which ultimately led to her death.

This case is particularly significant given the widespread concerns surrounding the da Vinci robot. Over the past decade, more than 20,000 adverse events involving the device have been reported to the FDA’s MAUDE database. This encompasses almost 17,000 instances of device malfunctions, more than 2,000 reported injuries, and 274 fatalities. 

Despite these concerning statistics, the robot remains in use in hospitals nationwide. The Sultzer lawsuit highlights the obligation of manufacturers to guarantee the safety of their products and to adequately train healthcare professionals. This case highlights that surgical errors can stem from the technology itself, not just individual practitioners.

Frequently Asked Questions

What is the process for filing a medical malpractice claim?  

The process generally starts with collecting pertinent medical records and seeking advice from legal and medical professionals. Following this, a notice of claim is filed with the relevant medical board or regulatory body. If a settlement isn’t reached, you can initiate litigation to pursue compensation for damages.

How does informed consent factor into medical malpractice cases? 

Informed consent is essential as it guarantees that patients understand the potential risks and benefits associated with a treatment or procedure. If a healthcare provider fails to obtain informed consent, it can be grounds for malpractice. This is especially true if a patient suffers harm from a risk that was not disclosed.

Are punitive damages available in medical malpractice cases? 

Punitive damages may be granted in situations where the actions of the healthcare provider were especially reckless, negligent, or malicious. These damages aim to penalize the provider and discourage similar actions in the future. However, the accessibility of punitive damages can differ by state. 

Overall, surgical errors are sobering reminders of the vulnerabilities within the medical system. The cases of William Bryan, George Piano, and Sandra Sultzer reveal how far-reaching the consequences can be, both physically and legally.

As families seek justice and accountability, it’s crucial for healthcare providers and manufacturers to prioritize patient safety and strive for excellence in care. 

Ultimately, these cases highlight the importance of proper surgical procedures. They also emphasize the need for a legal framework that protects patients and seeks justice for those harmed by medical negligence.