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When surgeons make preventable mistakes—wrong-site surgery, retained instruments, nerve damage—patients suffer devastating consequences. We hold hospitals and surgeons accountable.
A surgical error occurs when a surgeon or surgical team makes a preventable mistake that causes harm to the patient. Not every bad outcome is malpractice—surgery inherently carries risks. But when a surgeon deviates from the accepted standard of care—doing something no competent surgeon would do—that's malpractice.
The key question: Would a reasonably competent surgeon, in the same specialty, under similar circumstances, have made the same decision? If not, and the deviation caused injury, you may have a case.
Under Oklahoma law, medical negligence requires proof that the healthcare provider failed to exercise the degree of care and skill that a reasonably prudent healthcare provider would exercise under similar circumstances. — 76 O.S. § 20.1
Surgical errors range from "never events" (errors so egregious they should never occur) to more subtle technical mistakes:
Operating on the wrong limb, organ, or patient entirely. These are 'never events' that establish negligence per se.
Leaving sponges, instruments, or other objects inside the patient. Most common: surgical sponges in abdominal surgeries.
Severing or damaging nerves during surgery, causing numbness, weakness, chronic pain, or paralysis.
Accidentally puncturing the bowel, bladder, or blood vessels during surgery, causing internal bleeding or infection.
Too much or too little anesthesia, failure to monitor, delayed intubation, or failure to recognize allergic reactions.
Failure to monitor post-operatively, recognize complications, treat infections, or respond to declining condition.
Oklahoma surgical malpractice claims require proving four elements:
What would a reasonable surgeon in the same specialty do under similar circumstances?
The surgeon deviated from that standard—did something no competent surgeon would do.
The breach directly caused your injury—not the underlying condition or inherent surgical risk.
You suffered actual harm: additional surgeries, prolonged recovery, permanent injury, or death.
In "never event" cases—wrong-site surgery, retained instruments—the doctrine of res ipsa loquitur ("the thing speaks for itself") may apply. If the injury wouldn't have occurred without negligence, and the surgeon had exclusive control, negligence is presumed.
Surgical errors often involve multiple negligent parties:
Directly liable for errors in surgical technique, judgment, and decision-making during the operation.
Liable for: (1) employee negligence (nurses, techs), (2) negligent credentialing, (3) inadequate staffing, (4) equipment failures, (5) policy/protocol deficiencies.
Responsible for anesthesia dosing, patient monitoring, airway management, and responding to adverse events during surgery.
Surgical nurses and techs responsible for instrument counts, patient positioning, and communicating concerns. Hospital typically vicariously liable.
(No cap in Oklahoma)
($350K cap in most cases)
Operating room mistakes cause life-altering harm. We work with top surgical experts to prove malpractice and fight for maximum compensation.
No Fee Unless We Win