The operating room is a place where precision, coordination, and compliance with medical standards are critical. Yet, even in this highly controlled environment, preventable errors can occur, sometimes with devastating consequences. Malpractice in the operating room refers to negligent acts or omissions by surgeons, anesthesiologists, nurses, or other members of the surgical team that result in patient harm. These errors can take many forms, including operating on the wrong site, leaving surgical instruments inside a patient, or failing to properly monitor vital signs during surgery. If you or a loved one sustained injuries due to malpractice in the operating room, you may be entitled to compensation, and you should consult an attorney. At Arfaa Law Group, our skilled Baltimore medical malpractice attorneys are committed to helping victims of surgical negligence pursue justice, and if you engage our services, we will help you seek the damages you deserve.
Malpractice in the operating room can result in a wide array of physical, emotional, and financial harms. Surgical errors can be categorized into several types, such as wrong-site surgery, performing an incorrect procedure, and inadvertently injuring internal organs or structures. Anesthesia errors, which may involve administering the wrong dosage or failing to recognize allergic reactions, are equally dangerous. In some instances, harm caused by egregious errors, like infections caused by unsanitary surgical practices or retained foreign bodies, like sponges or clamps, can occur.
The harm caused by these mistakes can be immediate and catastrophic or may develop over time. For example, a patient who suffers internal bleeding due to a punctured organ may not show symptoms right away, resulting in a delayed diagnosis and treatment. Long-term consequences may include chronic pain, permanent disability, loss of bodily function, or even death. Beyond physical injuries, victims of malpractice in the operating room often endure significant emotional distress, including anxiety, depression, and loss of trust in the healthcare system. Financially, patients may face overwhelming medical bills, lost wages, and a diminished quality of life due to prolonged recovery or permanent impairments.
In Maryland, pursuing a claim for malpractice in the operating room generally involves proving that the defendant healthcare provider’s negligence caused the plaintiff’s injuries. To do so under Maryland law, the plaintiff must establish duty, breach, causation, and damages.
The first element, duty, is generally straightforward in surgical cases. Once a physician-patient relationship has been established, the defendant provider owes the patient a duty to deliver care in accordance with the accepted standard of practice for similarly situated medical professionals in Maryland. This standard is measured by what a reasonably competent provider with similar training would have done under the same or similar circumstances.
A breach of this duty occurs when the defendant’s actions or inactions fall short of this standard. In the context of the operating room, this might include a failure to review the patient’s medical history, neglecting to follow sterilization protocols, or miscommunicating critical information between surgical staff.
Causation requires showing that this breach directly caused the patient’s injury. This is often the most contested aspect of a malpractice case. Finally, the plaintiff must prove actual damages. These can be economic, such as medical expenses, rehabilitation costs, and lost income, or non-economic, such as pain and suffering, emotional anguish, and loss of enjoyment of life.
In most instances, the plaintiff will need to retain an expert to explain the standard of care, the manner in which the defendant deviated from the standard, and to establish a connection between the defendant’s behavior and the plaintiff’s harm.
Malpractice in the operating room represents one of the most serious breaches of medical trust. Surgical errors are often the result of preventable mistakes, however, and when healthcare providers fail to uphold their obligations during surgery, they should be held accountable for the harm they cause. If you or someone close to you has been injured due to malpractice in the operating room, it is essential to consult with an attorney as soon as possible. At Arfaa Law Group, our trusted Baltimore medical malpractice attorneys can advise you of your options and help you to seek the best result possible under the facts of your case. Our office is located in Baltimore, and we proudly represent clients throughout the city. To schedule a free consultation, contact us at 410-889-1850 or reach out to us through our online form.