Surgical Errors vs. Known Complications: When Does It Become Malpractice?
Oct. 1, 2025
Surgery is one of the most significant medical treatments a patient can undergo, and while many procedures are successful, problems can occur. Some of these problems are known complications that may happen even when a doctor performs everything correctly. Others, however, are surgical errors that may form the basis for a medical malpractice case.
The line between the two can be blurry, but it’s a distinction that can make all the difference when patients are left injured or facing long recoveries.
At The Law Office of Dan N. Fiorito III, I'm committed to helping patients who’ve suffered from surgical mistakes and need answers about whether their outcome may qualify as malpractice. Located in Seattle, Washington, my firm serves all of Western Washington, including the Puget Sound Area, Bellevue, Tacoma, and Everett.
If you believe you may have been harmed by a surgical error, reach out today to discuss your situation and your legal rights.
Understanding Surgical Errors
Surgical errors occur when a preventable mistake takes place during surgery. These mistakes aren’t inherent risks of the procedure but rather deviations from the accepted standard of care. They’re often described as “never events” because they shouldn’t happen under proper circumstances. Common examples include:
Operating on the wrong body part: Performing surgery on the incorrect organ or limb.
Leaving surgical instruments inside the patient: Items such as sponges, scissors, or clamps are being left behind.
Anesthesia mistakes: Administering too much or too little anesthesia, leading to serious complications.
Infections due to negligence: Failing to maintain sterile conditions, causing preventable infections.
When these types of mistakes happen, they may form the basis of a medical malpractice case because they’re outside what a patient should reasonably expect when undergoing surgery.
Known Complications of Surgery
By contrast, known complications are adverse outcomes that are widely recognized as potential risks of a given procedure, even when the surgeon adheres to all standards of care. Every surgery carries some level of risk, and doctors are expected to inform patients of these risks before proceeding. Examples include:
Blood clots: Even with preventive measures, some patients may develop clots.
Adverse reactions to anesthesia: Allergic or unexpected reactions may occur despite careful preparation.
Scarring or adhesions: A certain degree of scarring is nearly unavoidable following surgery.
Bleeding: Excessive bleeding can sometimes happen despite careful surgical technique.
These outcomes, although unfortunate, typically do not support a medical malpractice case unless the surgeon failed to warn the patient about the risks or didn’t respond appropriately once complications arose.
Informed Consent and Its Importance
One significant difference between surgical errors and known complications is how they’re explained to patients beforehand. Surgeons are required to obtain informed consent, which means they must clearly explain the potential risks, benefits, and alternatives associated with the procedure.
If a complication occurs that wasn’t explained during this process, patients may have grounds to argue that they weren’t fully informed. This lack of communication can support a medical malpractice case even if the outcome wasn’t directly tied to an error in technique.
Informed consent provides patients with the opportunity to make informed decisions about whether to proceed. Without it, they’re left in the dark about risks that might have influenced their choice.
When Errors Cross into Malpractice
Not every mistake rises to the level of malpractice. To pursue a medical malpractice case, a patient must usually demonstrate:
A duty of care: The surgeon owed a duty to act in accordance with accepted medical standards.
A breach of duty: The surgeon failed to meet that standard by acting negligently.
Causation: The negligence directly caused the patient’s injury.
Damages: The patient suffered harm, whether physical, emotional, or financial.
For example, a surgeon who operates on the wrong side of the body clearly breaches the duty of care. If that mistake causes lasting harm, it may create strong grounds for legal action.
The Gray Area Between Errors and Complications
Sometimes, the line between error and complication isn’t clear. For instance, if a patient develops an infection, the question arises whether it resulted from a known surgical risk or due to the medical staff's failure to maintain sterile conditions.
This is where legal and medical analysis often intersect. Medical records, professional opinions, and hospital procedures must all be reviewed to determine whether the event was preventable. This type of evaluation can help identify whether there’s a valid medical malpractice case.
How Courts Evaluate These Cases
When a case proceeds, courts carefully examine whether the surgeon or hospital acted reasonably. Judges and juries often rely on testimony from medical professionals who explain what should have been done under the circumstances. Courts may ask:
Was the complication something that could reasonably have happened despite proper care?
Did the surgeon follow accepted standards of practice?
Did the hospital have appropriate policies and safeguards in place?
If the evidence shows that a patient’s injury was the result of a preventable mistake rather than a known risk, a medical malpractice case becomes more likely to succeed.
Common Injuries Caused by Surgical Errors
The consequences of surgical errors can be devastating. Some injuries that may lead to legal action include:
Organ damage: Accidental injury to nearby organs during surgery.
Severe infections: Preventable infections that spread and cause long-term damage.
Nerve injuries: Mistakes that leave patients with lasting pain or paralysis.
Amputations or loss of function: Permanent harm caused by wrong-site surgeries.
These injuries don’t just cause physical harm. They also bring financial challenges, including additional medical expenses, lost wages, and reduced quality of life.
Patient Rights After a Surgical Error
Patients have the right to question their outcome and request copies of their medical records. They also have the right to seek independent medical evaluations to confirm whether their complications are consistent with known risks or point to a surgical error. Some steps patients may take include:
Requesting documentation: Obtain surgical notes, anesthesia records, and hospital reports.
Seeking a second opinion: Consulting another doctor can help determine whether negligence may have played a role.
Consulting a lawyer: A medical malpractice case requires a careful review to determine whether pursuing legal action is advisable.
Taking these steps can provide patients with a clearer understanding of whether they’ve been harmed by a preventable mistake.
Hospitals and Systemic Failures
It’s not always just the surgeon who bears responsibility. Sometimes, hospital policies or systemic failures contribute to surgical errors. For example, staff shortages, poor communication between surgical teams, or inadequate training can increase the likelihood of mistakes.
In such cases, a medical malpractice case may also involve claims against the hospital itself. At The Law Office of Dan Fiorito, I often explain to clients that this can be particularly important when errors result from multiple procedural breakdowns rather than a single doctor’s negligence.
Proving a Medical Malpractice Case
Proving malpractice involves showing that the injury wouldn’t have occurred if proper care had been provided. This process usually depends on multiple forms of evidence working together. Medical testimony often plays a central role, as professionals can explain how the procedure should have been performed and whether the care fell short of accepted standards.
Detailed medical records also carry significant weight, since they document exactly what took place before, during, and after surgery. In addition, hospital policies may come under scrutiny, especially if they reveal that necessary safeguards were ignored or protocols weren’t followed.
When combined, these sources of information help establish whether negligence occurred and determine the overall strength of a patient’s claim for damages.
Damages Considered in These Cases
Even when negligence is proven, establishing damages is a critical part of a medical malpractice case because it shows the real-world impact of the injury.
Economic damages: Costs such as medical bills, rehabilitation, and lost income.
Non-economic damages: Pain, suffering, emotional trauma, and reduced quality of life.
Future damages: Anticipated costs for long-term care, surgeries, or inability to work.
Without damages, a medical malpractice case won’t typically move forward because courts focus on compensating actual harm caused by negligence.
Time Limits for Filing Claims
Washington law places time limits on when patients can bring a medical malpractice case. These statutes of limitation typically require filing within a specified number of years from the date of the injury or the date of discovery of the injury.
Failing to act within these limits can prevent patients from pursuing their claims, regardless of the seriousness of the harm. For this reason, it’s important to act promptly once questions about surgical outcomes arise.
Why Legal Help Matters
Surgical errors can be difficult to distinguish from known complications without professional evaluation. An experienced lawyer can review the facts, consult with medical professionals, and determine whether the situation meets the criteria for malpractice.
By working with a law firm, patients can better acknowledge whether they have a valid medical malpractice case and what options may be available for recovery. This support is often essential when facing the financial and personal toll of surgical injuries.
Contact Us Today
If you believe you’ve been harmed by a surgical mistake, I encourage you to contact my firm. At The Law Office of Dan N. Fiorito III, I help patients throughout Western Washington, including Seattle, the Puget Sound Area, Bellevue, Tacoma, and Everett. Don’t wait to ask questions about your medical malpractice case—contact me today to discuss your situation and learn about your legal options.