Chicago Surgical Error Lawyer

Surgeons in Chicago must adhere to established medical standards, pay strict attention to detail, and guide patients through high-stakes procedures with competence. Even a minor error during a surgical procedure could seriously harm a patient or lengthen their recovery period.

Have you been the victim of a surgical error in Chicago? If so, the attorneys of Salvi, Schostok & Pritchard P.C. believe you should not be left to deal with the complications alone. Since our founding in 1982, we have secured over $2.5 billion in settlements and verdicts for our clients, including the highest compensatory verdict ever awarded to a single plaintiff in Illinois history. Contact our experienced Chicago surgical error lawyers today for a free, no-obligation case review, and let’s discuss your options for pursuing fair compensation for what you’ve suffered. We work on a contingency basis, meaning you only pay if we recover compensation on your behalf.

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Common Surgical Errors in Chicago

A study by the Agency for Healthcare Research and Quality suggested that 1 of 112,000 hospital operating room procedures nationwide were performed on the wrong site, side, or patient. However, other types of surgical errors can happen before, during, or even after the operation. Some of them include:

  • Foreign body errors – This mistake occurs when a surgeon leaves a surgical instrument or equipment inside a patient during a medical procedure.
  • Anesthesia errors – An anesthesia error occurs when an anesthesiologist or nurse anesthetist gives the wrong type or dose of anesthetic during a medical procedure. Underdoses leave a patient able to feel pain during the procedure, while overdoses could be fatal.
  • Procedural errors – The nature of a procedural error depends on the type of surgery. Some common complications from procedural errors can include perforated organs and nerve damage.
  • Post-op errors – A surgeon doesn’t prescribe the correct post-surgical recovery or properly address adverse effects after surgery, leading to serious injuries.

These errors are all are preventable. However, the multilayered prevention protocols used by hospitals and surgery centers are not perfect. Patients still face extended hospitalizations, further corrective surgeries, mental anguish, lost time at work, and overwhelming medical bills after an error. If your medical professionals made a surgical mistake that caused your serious injury, contact our Chicago personal injury attorneys for a free case evaluation. 

Common Causes of Surgical Mistakes

As your lawyer builds your case, they’ll investigate what error you faced and why it happened. In some cases, liability falls solely with the surgeon. Other times, anesthesiology professionals, nurses, equipment technicians, or even the surgical facility itself may have some responsibility.

Here are some of the most common causes of surgical errors:

  • Poor planning – Surgeons must review their patients’ medical history, medications, and allergies before surgical procedures.
  • Poor communication – Communication helps lead to a successful surgery. If members of your medical team don’t have the same understanding of a surgical procedure and the patient’s medical background, the surgical flow becomes interrupted, and the quality of care suffers.
  • Burnout – Surgeons and their support staff often work extended hours, and fatigue can impair their judgment and attention to detail.
  • Incompetence – Surgeons without the proper training, experience, or skill are prone to making life-threatening errors.
  • Institutional failures – A hospital or surgery center can increase the risk of errors through understaffing, poor prevention protocols, or paperwork mistakes.
  • Substance abuse – Surgeons or other medical professionals endanger their patients if they come to work under the influence of drugs or alcohol.

Call a Chicago surgical error lawyer from our personal injury law firm to schedule a free consultation.

Signs of Surgical Negligence

surgical error case

As a patient, you should be your own health advocate and stay aware of the signs of a medical error. Consult with an attorney if you see or experience any of these signs after your surgery:

  • Unexpected complications requiring additional surgery
  • Infections at the surgical site
  • Severe pain that persists beyond a normal recovery period
  • Admissions from your surgical team about a mistake
  • Suddenly being transferred to the ICU with no explanation
  • Altered or incomplete medical records
  • Reluctance from your surgeon to discuss what happened during the procedure
  • Complications that are inconsistent with the risks disclosed to you during informed consent

Steps to Take After a Surgical Error Occurs

Your health should be your top priority after a surgical error. It is best to contact a different doctor who can document the complications you’re experiencing and design a corrective treatment plan.

Next, contact a lawyer who can help you pursue compensation for surgical errors. Follow these steps throughout the process to protect your rights:

  • Document the incident – Keep records of all doctor visits, communications, and findings. Preserve all tangible items related to your treatment. Your legal team can also help you obtain copies of medical records from the original surgery.
  • Do not sign releases – You may be asked to waive your right to sue using a release form before surgery. Don’t sign any releases without speaking to your lawyer first. If you’ve already signed a release, you may still have some legal options that an experienced lawyer can walk you through.
  • Keep a journal – Record your symptoms, limitations, pain levels, and emotions each day in a journal. Your lawyer can use the journal to argue that you should be compensated for pain and suffering.

The Role of a Surgical Error Lawyer in Chicago

A good surgical error lawyer will work on your behalf throughout the legal process, allowing you to rest. While you focus on your recovery, your legal team will handle each of these steps:

  • Investigating what happened – Medical experts can help your lawyer identify actions that aren’t in line with the standard of care.
  • Gathering evidence – In addition to expert testimony, your legal team can use your medical records, academic literature, and documentation about your life after the surgery to build your case.
  • Valuing your case properly – Your lawyer considers the full sum of your medical expenses, lost wages and earning capacity, pain and suffering, lost enjoyment of life, and other expenses and losses.
  • Negotiating effectively – Before filing a lawsuit, your lawyer will try to negotiate a settlement with the surgeon’s or hospital’s malpractice insurer.
  • Fighting for you in court – If negotiations fail, your lawyer can faithfully make your case to a jury.

The sooner you consult a lawyer you trust, the more time they’ll have to prepare a solid medical malpractice claim. Illinois’s statute of limitations gives you two years to file a medical malpractice lawsuit, starting when you first notice harm from the error. This could be the day of surgery or some time afterward. You cannot file if more than four years have passed since the surgery date. 

Contact a Chicago Surgical Error Attorney

The Chicago surgical malpractice attorneys of Salvi, Schostok & Pritchard, P.C. have won over 350 multimillion-dollar verdicts and settlements for our deserving clients. Our legal team has the knowledge and resources to build strong, informed cases. We take an aggressive approach to fight for your physical and financial health after a medical error changes your life. Contact our downtown Chicago or Waukegan offices for a confidential and free consultation about your case.