Surgical error can alter a life in an instant. When a surgeon deviates from the applicable standard of care, the resulting harm may be irreversible. Lev-Taieb Law Firm attorneys specialize in surgical malpractice claims, with a 99.8% success rate and 19 years of experience.

Common Types of Surgical Malpractice

Operation on the Wrong Organ or Wrong Side

Operating on the wrong side of the body — for example, removing a healthy kidney instead of the diseased one — is a classic case of malpractice. Surgical safety protocols exist precisely to prevent this, and when they fail to be implemented, liability is clear.

Unintended Injury to Adjacent Nerves or Organs

During surgery, unintended injury to adjacent nerves, blood vessels, or organs may constitute malpractice if it was not anticipated or could have been prevented under the applicable standard of care. Examples include injury to the bile duct during cholecystectomy, and injury to the ureter during gynecological surgery.

Retained Surgical Instrument in the Patient’s Body

A retained sponge, scalpel, forceps, or any other surgical instrument in the patient’s body after surgery is a clear and proven case of malpractice. It can cause serious infections, pain, and additional emergency surgeries.

Anesthesia Complications

Incorrect anesthetic dosage, failure to check for drug allergies, failure to adequately monitor the patient, or failure to respond to complications, may cause brain damage, stroke, and even death.

Surgical Site Infection

A surgical wound infection caused by a non-sterile environment, lack of hygiene, or failure to administer preventive antibiotics may constitute malpractice. Such infections can lead to additional surgeries, serious complications, and in extreme cases even death.

Surgery Without Medical Indication

Performing surgery when it lacked adequate medical justification, or when the condition could have been treated conservatively, may constitute malpractice. Similarly, failure to obtain informed consent from the patient prior to surgery.

How Are Surgical Malpractice Claims Managed?

After an initial consultation, we obtain the complete medical record and commission an expert opinion in the relevant specialty. The expert opinion determines whether there was a deviation from the standard of care and quantifies the resulting harm.

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Frequently Asked Questions

What constitutes surgical malpractice?

Surgical malpractice includes: operation on the wrong organ, injury to adjacent nerves, retained instruments in the body, anesthesia complications, and any deviation from accepted surgical protocols.

Can a claim be filed for complications following surgery?

A claim may be filed when complications resulted from a deviation from the standard of care, and do not constitute a known and accepted risk. An expert medical opinion will distinguish between the two.

What should I do if I discover a retained surgical instrument in my body?

Seek immediate medical attention, and then consult a lawyer. A retained foreign body is a clear case of malpractice that entitles the patient to significant compensation.

What compensation is available in surgical malpractice claims?

Compensation depends on the severity of the harm. Cases involving permanent disability or loss of function may reach awards in the millions of shekels.