Surgical Error

Why Work with Walner Law Chicago Surgical Error Lawyers?

Choosing the right attorney after a premises liability injury is critical. You want a firm with experience, dedication, and compassion—a legal team that treats you like family, not just another case file.

Here’s why Walner Law is the firm you can trust:

Decades of proven results: Since 1961, Walner Law has worked vigorously for Chicagoans suffering from surgical mistakes, securing life-changing settlements and verdicts. From multimillion-dollar recoveries to countless cases where we helped our clients feel seen and supported, we know what it takes to build a winning case.

Local knowledge: We really get Chicago and its distinctive neighborhoods. From the skyscrapers of the Loop to small-family homes and apartments on the South Side, we know the issues communities face here. Our team tailors its approach to the nuances of your specific case and location.

Genuine care and compassion: Our clients often say we make them feel like partners more than just legal clients. Facing surgical errors is hard. No one wants to believe a trusted healthcare ally hurt them.

We guide you through the legal process and provide emotional and moral support.

Clear advocacy against insurance companies: Insurance companies will do almost anything to avoid blame after an accident. Walner Law counters their tactics and fights for the maximum compensation you’re entitled to under the law.

You shouldn’t have to shoulder the burden alone when dealing with a surgical error injury. Walner Law is ready to stand beside you and make sure your voice is heard.

PREVALENCE OF SURGICAL MISTAKES

More than 50 million surgical procedures have recently been performed in the United States. Each time a patient undergoes an operation, there are risks of surgical errors. These mistakes range from pre-operative care outcomes to perforated internal organs during surgery.

PREVENTABLE SURGICAL ERRORS

Physicians and medical staff have established protocols before, during, and after an operation to prevent serious injuries and surgical mistakes. However, doctors don’t always follow these protocols, leaving patients with preventable injuries.

A surgeon, nurse, radiologist, or anesthesiologist who deviates from these professional standards or negligently performs a procedure can make an error.

Examples of surgical errors include:

• Surgical tool errors: If the scalpel accidentally severs or even nicks a main artery or tendon, the result can be significant bleeding that leads to permanent loss of function or even death.
• Anesthesia errors: If your anesthesiologist incorrectly administers a general or local anesthetic, this can lead to permanent brain injuries or nerve damage.
• Catheter injuries: The improper insertion of a catheter can harm your blood vessels, damage your nerves, or introduce air into your bloodstream that can cause serious consequences like a stroke, heart attack, or embolism.
• Incorrect operations: Although rare, it is tragic when a surgeon is careless and operates on the wrong body part. This mistake is often the result of pre-operative negligence by the surgical staff.
• Post-operative negligence: Doctors and nurses must follow up and monitor your post-operative progress. They must check for signs of infection, blood clots, hemorrhage, embolisms, cardiac distress, or respiratory problems. Failure to do so can lead to serious post-operative complications.
• Foreign objects: Leaving foreign objects like surgical tools or sponges inside of patients following surgery can cause internal bleeding and severe infection.

Types of Compensation Available for Surgical Errors

When a surgical error occurs, the consequences can range from minor setbacks to serious injuries, permanent disability, or even death. Victims of surgical malpractice in Chicago have the right to pursue fair compensation for the harm caused by a healthcare provider’s negligence.

Whether it’s a wrong-site surgery, a foreign object left in the patient’s body, or an anesthesia error, Chicago medical malpractice lawyers can explain your legal options.

Here are the types of compensation you may recover in a surgical error case:

Economic damages

These compensate for measurable financial losses resulting from surgical negligence or medical errors, such as:

• Medical bills, including costs for corrective surgical procedures and ongoing treatment.
• Lost wages due to time missed from work while recovering.
• Future earning capacity if the injury results in permanent disability.
• Rehabilitation expenses, such as physical therapy for spinal cord injuries or recovery from irreversible brain damage.

Non-economic damages

These address the physical and emotional toll caused by surgical mistakes:

• Pain and suffering endured because of medical negligence.
• Loss of enjoyment of life due to lasting injuries or irreversible harm.
• Emotional distress caused by serious consequences like wrong limbs or procedure errors.

Punitive damages

In rare cases where a surgical team or healthcare provider exhibits reckless behavior or a blatant disregard for patient safety, Illinois law may allow punitive damages to hold medical professionals accountable.

FAQ

What qualifies as a surgical error?

A surgical error happens when a healthcare provider makes a preventable mistake during a procedure that causes unnecessary harm. This can include operating on the wrong body part, leaving surgical instruments inside a patient, anesthesia errors, or performing the wrong procedure.

How do I know if my surgical mistake was malpractice or just a complication?

Not every bad outcome in surgery constitutes medical malpractice. A surgical mistake is malpractice when it results from a healthcare provider’s negligence, such as failing to follow proper procedures, using improper techniques, or making an avoidable error. A lawyer can help determine if your case qualifies.

Can I sue if I signed a consent form before surgery?

Yes. Signing a consent form does not protect a surgeon or hospital from liability if they make a preventable mistake.

A consent form covers known risks of a procedure, but it does not excuse medical negligence or serious errors. A wrong surgical procedure can leave patients with severe complications, unnecessary pain, and the need for additional corrective surgeries.

What evidence can prove a surgical malpractice case?

Evidence may include medical records, surgical reports, testimony from medical experts, and witness statements. Your legal team will gather and analyze these documents to prove that a preventable mistake caused your injuries.

How long do I have to file a lawsuit for a surgical error in Illinois?

Illinois law typically allows patients two years from the date they discovered the injury to file a medical malpractice lawsuit. However, exceptions may apply, so it’s important to consult an attorney immediately.

Who can be held liable for a surgical error?

Liability may extend beyond just the surgeon. Other medical professionals, such as anesthesiologists, nurses, and hospitals, may also be responsible if their actions contributed to the mistake.

What if my surgeon denies making a mistake?

Hospitals and healthcare providers rarely admit to errors. A lawyer can conduct an independent investigation, consult with medical experts, and gather the necessary evidence to support your claim.

Will my case go to trial, or can it be settled?

Many surgical malpractice cases settle before court, but some require litigation. Your attorney will negotiate for a fair settlement, but if necessary, they will take the case to trial to fight for full compensation.

How much does it cost to hire a surgical error attorney?

Most medical malpractice lawyers work on a contingency fee basis, meaning they only get paid if you receive compensation. Initial consultations are typically free, so you can discuss your case without financial risk.

What should I do if I suspect I was harmed by a surgical mistake?

Seek medical attention to address any complications, request copies of your medical records, and contact a lawyer who handles surgical malpractice cases. Taking action early increases the chances of building a strong case.

Why Hire a Chicago Surgical Error Lawyer?

Medical malpractice lawsuits are insanely complicated. Chicago surgical error attorneys from Walner Law have a proven track record in handling medical malpractice cases. They can help you build a strong case.

They can review your medical records, consult with medical experts, and identify instances where proper procedures were not followed in the operating room.

If you or a loved one suffered due to a preventable surgical error, schedule a free consultation with our Walner Law surgical error attorneys today to explore your legal options and take the first step toward justice.

DO NOT TRUST THE HOSPITAL TO HELP YOU

Sadly, hospitals often conduct an internal investigation and keep the findings confidential when a surgical error occurs.

If a surgical error injured you, an experienced Chicago personal injury attorney from Walner Law can investigate the cause and help you file a claim against the liable medical practitioner.

The Chicago surgical error lawyers at Walner Law® are here to help you get the money you deserve.

Talk to an Experienced Chicago Surgical Lawyer Today

If you live in the Chicago area and have suffered from a surgical mistake, please call (312) 410-8496 or send us a message today. We offer free consultations and will never charge unless we get money for you.