Surgery always carries risks. No matter how experienced the surgeon is or how sterile the environment, complications can and do occur. When a patient wakes up to find that something went wrong during a procedure, the question naturally follows: Was it a known risk or a preventable mistake?
Many people associate surgical complications with medical errors, but the reality is more nuanced.
Understanding the difference between expected complications and actual negligence helps patients and their families make informed decisions. It can also play a key role in identifying when a bad outcome might justify a medical malpractice claim.
Defining a Surgical Complication
Surgical complications include any unexpected outcome that negatively affects a patient’s health after surgery. Issues can range in severity from mild to life-threatening. Common complications include infections, bleeding, blood clots, nerve damage, and organ injury.
Some complications emerge immediately during surgery, while others develop hours or even days later.
Importantly, not all complications indicate wrongdoing. Every surgical procedure, even the most routine, comes with inherent risks. Surgeons usually explain these risks in pre-operative discussions and obtain informed consent before proceeding.
When complications arise that were disclosed ahead of time, and the care team followed accepted medical standards, the event may be unfortunate but not negligent.
Distinguishing Between Error and Acceptable Risk
The line between a known complication and an avoidable error often depends on the details.
For instance, if a surgery patient develops an infection following the procedure, it may not necessarily mean something went wrong. However, if the surgical team failed to maintain sterile techniques or neglected to monitor the site properly, then the infection might stem from a preventable surgical error.
Likewise, if a surgeon accidentally punctures an organ or severs a nerve, questions naturally arise about skill, attention, and decision-making. Some injuries are rare but recognized risks of complex procedures.
Others occur because a provider strayed from accepted protocols, rushed the process, or failed to communicate with the team. These situations cross the line into surgical error.
Common Types of Surgical Errors
While most surgeons perform their duties carefully and professionally, errors still occur.
Some of the most well-known mistakes include operating on the wrong site, anesthesia errors, leaving instruments inside the body, or performing the wrong procedure entirely. These are considered “never events”—incidents that should never happen in a properly run operating room.
Other, more subtle errors can include poor technique, inadequate patient monitoring, failure to check for allergies, or improper response to complications once they arise. These mistakes may not be as dramatic, but they can still cause serious harm.
The operating room is a high-pressure environment with many moving parts. Miscommunication among staff, fatigue, and understaffing can contribute to human error.
Hospitals and surgical centers must have systems in place to prevent these breakdowns, but when those systems fail, patients suffer.
Proving Surgical Error in a Legal Context
When a patient experiences a bad outcome after surgery, they may consider filing a malpractice claim. To succeed, the patient must prove that the surgeon or medical team acted below the commonly accepted standard of care, and this failure directly caused the harm. This often requires expert testimony from other healthcare professionals to explain what should have happened and how the care fell short.
Medical records, surgical reports, and witness statements help paint the full picture. It’s not enough to show that something went wrong; the key is to show that it went wrong due to negligence.
This distinction often makes medical malpractice cases difficult to pursue without strong evidence and expert legal guidance.
Patient Responsibility and Informed Consent
Patients also have a role to play in their surgical outcomes. Following pre-operative instructions, disclosing accurate medical histories, and attending follow-up appointments will all affect your recovery.
If you ignore post-operative care instructions and develop complications, the responsibility may not rest solely with the medical team.
That said, informed consent must be meaningful. You have the right to know the potential risks, alternatives, and benefits of any procedure. Surgeons must communicate clearly and ensure that consent is not just a formality.
When patients are left in the dark or misled about possible outcomes, the legal and ethical lines blur.
What Patients Can Do
If you or a loved one has suffered a complication after surgery, start by reviewing the records and having a frank conversation with your surgeon. Ask specific questions about what happened, what the risks were, and whether protocols were followed. Don’t hesitate to seek a second opinion if you’re not satisfied with the answers you get.
In some cases, the complication was an unfortunate side effect of a necessary procedure. In others, it may point to negligence that deserves closer investigation. Speaking with an attorney who specializes in medical malpractice cases can help you determine whether the situation justifies legal action.
At Prochaska, Howell & Prochaska LLC, we know that surgical complications aren’t always caused by error, but when mistakes happen, they can change lives. Understanding the difference between a known risk and a preventable mistake helps you protect their rights and demand accountability when needed.
Surgeons and hospitals have a duty to provide safe, informed care, but patients must also take an active role in understanding their options and asking questions before and after surgery.
With communication, preparation, and transparency, the risks can be managed—even if they can’t be eliminated entirely.
