Common Surgical Errors & Wrong Procedures

Hospitals and surgical teams are supposed to follow strict safety protocols. These include preoperative checklists, time-outs in the operating room to confirm the correct patient and procedure, clear marking of the surgical site, and accurate communication between surgeons, nurses, and anesthesia providers. When those safeguards are ignored or rushed, the risk of a devastating error rises sharply.

Our firm reviews cases involving surgical errors such as uncontrolled bleeding that was not recognized in time, perforated organs that were missed, retained surgical instruments, and failures to respond when a patient showed signs of distress after surgery. These mistakes can lead to additional surgeries, infections, permanent disability, or death.

Examples of surgical errors and wrong procedures include:

• Wrong-site surgery, such as operating on the wrong limb or the wrong side of the body
• Wrong medical procedure performed on the correct patient
• Wrong patient taken to the operating room for another person’s procedure
• Foreign objects such as sponges or instruments left inside the body
• Failure to identify and treat complications during or shortly after surgery
• Errors in anesthesia administration that cause brain injury or death

If you experienced any of these events or something similar, a wrong surgery site attorney Portland at our firm can evaluate what happened. We look closely at whether established standards were followed and whether a reasonably careful surgical team would have prevented the harm.

Our lawyers have extensive experience with respect to these claims. We have handled high profile cases that have caused catastrophic injuries:

• A Bangor doctor operated on the wrong foot. 7 years later, he did it again.
• Maine man’s leg amputated after Bangor hospital misdiagnosed symptoms, lawsuit says
• Northern Light surgeon removed bladder instead of ovarian cyst, lawsuit says

Who May Be Responsible For A Surgical Error

Many people think only the surgeon can be held responsible when something goes wrong in the operating room. In reality, surgical care is a team effort. Accountability may involve the surgeon, anesthesia providers, nurses, surgical technologists, and the hospital or surgical center where the procedure took place.

In some cases, the error begins with poor planning or communication before surgery. For example, incorrect information in the chart, mismatched consent forms, or failures to verify imaging can contribute to a wrong-site or wrong-procedure event. In other cases, system issues such as understaffing, rushed schedules, or inadequate training create dangerous conditions that make a serious error more likely.

Our attorneys work to identify every party that may bear responsibility. We obtain and review medical records, imaging, and internal policies. We examine whether checklists were followed, whether the surgical site was properly marked, and whether concerns raised by staff were ignored. When appropriate, we consult medical professionals who can help evaluate whether standards of care were met.

What To Do If You Suspect Malpractice

Realizing that a surgery may have gone wrong is frightening. You may be experiencing unexpected pain, infection, or other complications, or you may have lost a loved one and feel that you are not getting clear answers. Taking a few careful steps can help protect both your health and your legal rights.

Your immediate priority is always medical care. If you have new or worsening symptoms, seek evaluation from a qualified medical provider as soon as possible. When you can, write down what you were told before the surgery, what happened afterward, and the names of everyone you dealt with. These details can be helpful later if we review your case.

Helpful steps if you suspect a surgical error:

• Seek medical attention promptly for any unexpected symptoms or complications
• Write down your timeline, symptoms, and what providers told you
• Take photographs of your injuries and wounds
• Keep copies of discharge instructions, medications, and follow-up orders
• Avoid signing agreements or accepting payments from insurers or hospitals without legal advice
• Contact a wrong surgery site lawyer to discuss what happened and your options

Maine has time limits for filing medical malpractice claims that can prevent a case from going forward if they are missed. Those rules apply to care provided in Portland and throughout the state. Speaking with an attorney sooner rather than later gives you more room to understand your options.

Frequently Asked Questions

How do I know if my surgical outcome was malpractice?

It can be hard to tell on your own. We review medical records, imaging, and what you were told to see whether providers followed accepted standards. Some injuries are known risks, while others, such as wrong-site surgery or a wrong procedure, often indicate negligence.

How will your attorneys investigate my surgery?

We gather and review your medical records, including operative notes and imaging, and look at the protocols that should have been followed. When needed, we consult appropriate medical professionals. Our team then evaluates whether the facts support a surgical malpractice claim under Maine law.

How much time do I have to bring a surgical error claim in Maine?

Maine law sets deadlines for medical malpractice cases, and missing them can bar a claim. The specific time limit can depend on the facts, including when the injury was discovered. Because timing is so important, we encourage you to contact our firm promptly to discuss your situation.

Will I have to go to court if we pursue a claim?

Many medical malpractice cases settle before trial, but some do proceed to court. We prepare each case as if it will be tried, which can help in both settlement and trial. If your presence is needed, we work closely with you so you know what to expect.

Talk With Our Team About Your Next Steps

Living with the consequences of a surgical error or wrong procedure is overwhelming. You should not also have to navigate hospitals, insurers, and Maine’s legal system alone. When you contact Berman & Simmons, you reach a trial team that has been standing up for injured people in Portland and across the state for generations.

To talk with an attorney about a potential surgical malpractice case, call (207) 383-3216 for a free consultation.