Surgery is often a critical step in diagnosing or treating illnesses, and patients undergoing surgical procedures trust that their medical team will provide them with competent care that will improve their health. Unfortunately, that trust can be shattered when preventable errors occur in the operating room. One of the most severe consequences of surgical negligence is unintended injury to internal organs. Organ damage caused by surgical errors can have devastating, lifelong effects, and in some cases, may result in permanent disability or death. While not every poor outcome in surgery amounts to malpractice, patients harmed due to a provider’s failure to exercise appropriate skill and care may have grounds for legal action. If you suffered harm following mistakes during surgery, it is smart to talk to an attorney about your options. At Arfaa Law Group, our knowledgeable Baltimore medical malpractice attorneys have extensive experience representing individuals who have suffered catastrophic harm at the hands of negligent surgical teams. If you or a loved one sustained organ damage caused by surgical errors, we can help you determine whether you may be entitled to compensation under Maryland law.
Organ damage caused by surgical errors can happen during a wide variety of procedures, from abdominal and thoracic surgeries to orthopedic or gynecological operations. In many cases, the injuries involve the liver, spleen, bladder, intestines, kidneys, or blood vessels. These structures are often located near the intended surgical site and can be damaged when surgeons lose spatial awareness, fail to follow standard protocols, or use instruments carelessly. Errors may also occur due to inadequate visualization, misidentification of anatomy, or communication failures among the surgical team.
The harm resulting from these mistakes is often serious. A nicked bowel, for example, can lead to internal bleeding, peritonitis, sepsis, or organ failure. Injury to the bladder or ureter may cause urinary complications, chronic pain, or the need for corrective surgery. Some patients experience the consequences immediately, while others may not be diagnosed until hours or days later, leading to further deterioration. Organ damage caused by surgical errors may result in prolonged hospitalization, additional procedures, and irreversible loss of function. In extreme cases, these injuries can be fatal.
Patients who suffer organ damage caused by surgical errors have the right to pursue a claim for medical malpractice. As the harm caused by such errors is usually the result of carelessness, rather than malintent, most medical malpractice lawsuits will set forth negligence claims against the defendant.
To establish negligence under Maryland law, a plaintiff must first demonstrate a duty owed by the defendant and a breach of the duty. The duty element arises from the defendant’s obligation to deliver care in accordance with the accepted standards of their profession. For surgeons, this includes using proper techniques, maintaining situational awareness, and minimizing the risk of harm to surrounding structures.
A breach of duty occurs when the defendant fails to meet this standard. Examples of breach include cutting an organ inadvertently, failing to identify an intraoperative injury, or proceeding without necessary imaging or consultation.
Next, the plaintiff has to show causation and damages. In other words, they must prove that the defendant’s breach directly caused the harm in question. In most instances, expert testimony is necessary to establish the standard of care and to show how the defendant’s misstep resulted in the plaintiff’s injury.
A plaintiff who proves the defendant’s fault may be granted both economic and non-economic damages. Economic damages may involve medical expenses, lost wages, future care needs, and rehabilitation. Non-economic damages may be awarded for pain, suffering, disfigurement, and loss of enjoyment of life.
Surgical procedures are complex by nature, but doctors should take all reasonable precautions to avoid preventable harm, and if they neglect to do so, they should be held accountable. If you suffered harm due to a surgeon’s carelessness, it is important to understand your rights, and you should contact an attorney promptly. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys are adept at establishing liability in claims against healthcare providers, and if you engage our services, we can assess your case and build persuasive arguments on your behalf. Our office is located in Baltimore, and we serve clients throughout the city and the surrounding counties. To schedule a confidential consultation at no cost, call us at 410-889-1850 or reach out to us online.
