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New Orleans Personal Injury Lawyer > Blog > Personal Injury > Have You Experienced A Surgical Error? Here Is What You Need To Know

Have You Experienced A Surgical Error? Here Is What You Need To Know


According to one study, 65% of the unintended, adverse, or dangerous events that occur in hospitals happen during surgery. Surgery is always risky and health care providers always inform patients that there is no way to fully control what happens in an operating room. However, we still have to hold doctors and hospitals accountable for negligence, incompetence, and inexcusable mistakes. Our experienced New Orleans personal injury attorneys are prepared to make sure you get the compensation you deserve after a surgical error has caused you harm.

What is a Surgical Error?

Some of the leading surgical mistakes made in New Orleans hospitals include, but are not limited to:

  • Surgery is performed on the wrong organ or on the wrong side of the body;
  • The wrong surgery is performed on the patient;
  • Surgery is performed on the wrong patient;
  • Arteries, veins or internal organs are damaged due to stray nicks or cuts during surgery;
  • Foreign objects such as clamps, sponges, hemostats and other surgical instruments are sewn up inside the patient;
  • Poor post-operative wound care or negligent maintenance of IV lines causes bacterial infections, including sepsis or staph infections; and
  • Patients are not provided with adequate aftercare instructions post-surgery.

Do I Have a Surgical Error Claim? 

In Louisiana, a medical malpractice case requires the plaintiff to demonstrate that their health care provider’s level of care fell below a reasonable standard of care. As a result of that negligence, the health care provider’s actions directly caused the plaintiff harm. The standard of care is determined by state law, which compares the medical care in your case to the typical level of care and knowledge other health care providers exercise in similar conditions. If the health care provider’s actions fell below that reasonable level of care, it is considered a breach. If the breach resulted in direct harm to the plaintiff they would not have otherwise suffered, then the plaintiff may have grounds for a medical malpractice suit.

Because medical malpractice lawsuits are civil matters, as the plaintiff, you have to prove by a preponderance of the evidence that the health care provider was negligent. Having an experienced personal injury attorney can help craft a successful argument to meet that standard of evidence.

What is the Medical Review Panel?

All medical malpractice suits, including surgical error claims, in Louisiana begin with the medical review panel. The medical review panel, which is made up of doctors, evaluates whether the surgical error claim is valid. Our team at Palazzo Law Firm does the work to prepare clients for the medical review panel and are ready to argue in front of a judge and jury to fight for your case.

Reach Out to Us Today for Help 

Our team will support you and fight to hold health care professionals accountable for their errors in Metairie,  Gretna, and all over New Orleans. Our job is to stand up to the medical industry and get you just compensation for the harm that you suffered due to a surgical error. If you have experienced surgical error, do not hesitate to call 504-433-1442 today for a free consultation.



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