WV - Surgery

Washington, D.C. Surgical Errors Lawyer

Our surgical malpractice attorney in Washington, D.C., explains the common types of surgical errors and what you must prove in a lawsuit

Every year, thousands of people in Washington, D.C., must undergo surgery to receive treatment for their injuries, relieve certain health conditions, and prevent others from occurring. Patients put their lives in the hands of surgeons in facilities such as MedStar Washington Hospital Center, MedStar Georgetown University Hospital, and George Washington University Hospital.

Sadly, surgeons can make mistakes. The rate of surgical errors is alarming and can result in serious injuries, including permanent disabilities such as paralysis, brain damage, and even death. Regardless of how you or a loved one was hurt, you may deserve compensation for medical negligence. Our Washington, D.C. surgical error lawyer can help with your case.

Christopher T. Nace

Reviewed by Christopher T. Nace, Attorney at Nace Law Group

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Why choose Nace Law Group?

At Nace Law Group, our Washington, D.C. surgical error lawyer has extensive experience with medical malpractice claims. We have obtained a $50 million verdict for a young mother injured during childbirth at Georgetown University Hospital, an $8 million verdict for a widow and minor children of a teacher who died due to an anesthesiologist error during a routine procedure, and many other large verdicts for previous clients. Please note that past results do not guarantee a similar outcome in future claims.

We have the courtroom and trial experience necessary to help our clients obtain justice and have been recognized as one of the Best Law Firms in 2024. We have also gained recognition from The National Trial Lawyers and the American Association for Justice, among other highly acclaimed organizations. When you or someone you love has been hurt by a surgical error, our legal team is here for you.

Wrong-site surgery

This surgical error occurs when a procedure is performed on the wrong part of the body. Wrong-site surgery is typically a result of improper surgical planning, miscommunication, or failing to check the operative plans and patient consent forms. Our wrong-site surgery lawyer in Washington, D.C., has experience helping clients who have suffered harm from this surgical mistake.

Retained surgical instruments

Surgical tools can be left inside a patient’s body cavity accidentally after the surgical site has been closed. These are known as retained surgical instruments (RSIs). Surgical sponges are the most common RSI. These mistakes can result in pain, infection, and other serious complications. Additional surgery is often needed to remedy this error.

Surgical infections

Postoperative infections can occur if a sterile environment, such as an operating room, is compromised during surgery or if established hygiene protocols are not followed. This may include anything from failing to sterilize instruments to improper handwashing procedures.

Anesthesia errors

Failing to administer the correct dose, providing the wrong medication, failing to monitor the patient, and ignoring allergy and medical history are just a few types of anesthesia errors that can occur. Our anesthesia error lawyer in DC can help after any of these mistakes.

Postoperative negligence

Surgical site infections are an inherent risk of any procedure. When medical professionals fail to adhere to safety standards, though, it becomes a matter of medical negligence. Improper sanitation, medication mistakes, inadequate monitoring, and improper wound care are just a few types of errors our post-surgical negligence attorney can help with.

Nerve damage

Nerves can be accidentally stretched, compressed, or torn by scalpel slips, improper positioning, or improper surgical techniques. These mistakes can cause loss of motor function, chronic pain, or permanent numbness.

Internal bleeding

Internal bleeding is often a direct result of organ perforation. A surgical tool may puncture a healthy organ such as the stomach or bladder and lead to hemorrhagic shock, which may be fatal.

Healthcare providers must fully explain the risks, benefits, and alternatives to surgical procedures and obtain a patient’s informed consent before performing them. If medical professionals fail to provide this information and obtain informed consent, patients may have grounds for a medical malpractice lawsuit.

Errors during robotic and minimally invasive surgery

Mistakes during robotic and minimally invasive surgeries widely range from human error to technical equipment malfunctions. These surgical mistakes are rare, but they require quick intervention to prevent further harm to patients.

Surgical mistakes during emergency procedures

These errors occur in high-stress situations when time is of the essence. Lack of proper oversight, failing to diagnose or intervene, and overlooked infections are some of the most common types of mistakes. These preventable errors can result in serious complications such as sepsis, permanent disability, and wrongful death. Our Washington, D.C. surgical negligence lawyer can help.

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Long-term complications caused by surgical negligence

When a patient suffers injury due to an improper surgical procedure, they may have to endure chronic pain, scarring and disfigurement, and long-term disabilities. They may require prolonged medical treatment, extensive hospital stays, and long-term in-home care, rehabilitation, or physical therapy.

Medical mistakes can also take a financial toll on victims due to the cost of treatment and lost wages if they cannot return to work. Our Georgetown surgical malpractice attorney can advise on the compensation available for these long-term complications.

Evidence used in surgical malpractice lawsuits in Washington, D.C.

Strong evidence is of the utmost importance when filing a medical malpractice claim. The most common types include:

  • Medical records: Medical records establish a treatment timeline and can show whether a healthcare professional followed the accepted standards of care.
  • Expert testimony: While there are exceptions, in most medical malpractice cases in Washington, D.C., patients must obtain expert testimony that shows a healthcare provider or facility was negligent.
  • Witness statements: Statements from other medical professionals, family members, or other patients can corroborate your story and clarify what happened.

How expert witnesses help prove surgical negligence in Washington, D.C.

Expert witness testimony is critical in the majority of surgical negligence cases in Washington, D.C. A medical expert is necessary to establish the accepted standards of care and the actions a competent surgeon would or would not take under similar circumstances. An expert witness can also testify regarding how a healthcare professional breached the accepted standard of care.

Expert witnesses also educate judges and juries, explaining complicated physiological and surgical concepts. They can also provide a medical opinion regarding the cause of the injury and show that it was not an inherent risk with the procedure or caused by a pre-existing medical condition. A hospital negligence attorney in DC will have an established relationship with the expert witnesses needed in your case.

Damages available in DC surgical malpractice claims

The two main types of compensation in medical negligence claims are economic and non-economic damages. Economic damages have a fixed dollar value and include losses such as medical expenses, lost wages, and loss of earning capacity, if you cannot return to the same line of work you performed prior to the malpractice.

Non-economic damages, on the other hand, are intangible losses and therefore, they are much more difficult to calculate. This compensation includes physical pain and suffering, loss of enjoyment of life, and loss of consortium.

While rarely awarded, punitive damages are sometimes also available. This type of compensation is meant to punish egregious behavior. To recover these damages, you must show that a healthcare professional acted willfully, maliciously, or recklessly with no regard for your safety.

Statute of limitations in DC medical malpractice claims

The statute of limitations, or time limit, on medical malpractice claims in Washington, D.C., is three years from the date of the injury (D.C. Code § 12-301(a)(8)). When the injury is not discovered right away, the clock on the statute of limitations may not begin until the patient discovered or reasonably should have discovered the injury, its cause, and some evidence of wrongdoing.

When medical negligence is fatal, the personal representative generally has two years from the date of the patient’s death to file a wrongful death claim (D.C. Code § 16-2702). DC also generally requires at least 90 days’ notice to the healthcare provider before filing a medical malpractice lawsuit (D.C. Code § 16-2802). If that notice is served within 90 days of the filing deadline, the deadline is extended by 90 days from the date the notice is served (D.C. Code § 16-2803). Once a medical malpractice lawsuit is filed, the court must also order the parties to mediation (D.C. Code § 16-2821). Civil lawsuits under DC law are commonly filed in the Civil Division of the D.C. Superior Court, located in the H. Carl Moultrie I Courthouse at 500 Indiana Avenue NW.

Washington, D.C. surgical error FAQs

What qualifies as surgical malpractice in Washington, D.C.?

Surgical malpractice occurs when healthcare professionals deviate from the accepted standard of care during a procedure and cause injury or other harm. The harm must have been caused by carelessness instead of an inherent risk of surgery.

Can I sue for a failed surgery?

Yes. In Washington, D.C., you can sue for a failed surgery if you suffered harm caused by negligence.

How do you prove a surgeon was negligent?

To prove surgical negligence, you must show the medical professional owed you a duty of care to keep you safe, that they breached their duty of care by failing to provide the accepted standard of care, and that the breach was the cause of your injury. You must also prove the full value of the damages you are pursuing.

Can hospitals be held responsible for surgical negligence?

You can sue hospitals for surgical negligence if systemic failures caused your injuries. These may include understaffing, improper training, lack of oversight, and faulty equipment. If the surgeon was an employee and not an independent contractor, the hospital can also be held responsible for their actions. It is very difficult to determine if a hospital is liable for surgical malpractice. Our hospital negligence attorney in DC can determine if the facility is also at fault.

What should I do after discovering a surgical mistake?

There are many steps to take that can prove surgical negligence. The most important of these are as follows:

  • Seek immediate medical attention.
  • Take photographs of your injuries, keep notes on daily pain levels, and securely store all receipts, bills, and pay stubs showing your financial losses.
  • Request the medical records regarding your procedure and follow-up care from the facility.
  • Consult a DC medical malpractice attorney.

Are all bad surgical outcomes considered malpractice?

Not all negative outcomes constitute medical negligence. Only cases involving preventable medical mistakes or negligence are considered malpractice.

How much is a surgical malpractice case worth?

No one can determine exactly how much a specific surgical malpractice case is worth. Medical malpractice verdicts and settlements can vary widely depending on multiple factors, such as the severity of injuries, the complexity of the case, and the medical professional's level of responsibility.

Find a Washington, D.C. surgical error lawyer near me

Our surgical error lawyer is proud to serve clients in Washington, D.C., and Georgetown.

Call our surgical error attorney in Washington, D.C. today

If you or someone you love has been harmed by medical negligence, you need legal help. At Nace Law Group, our Washington, D.C. surgical error attorney can provide it and answer all of your questions so you can make informed decisions and pursue the best possible outcome in your case. Call us now or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help.

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