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Protection Against and Recourse for Surgical Errors and Injuries

Connie Plumlee, wife, mother, teacher of 33 years and cancer survivor, awoke from breast reconstruction surgery with her face covered in bandages. According to The News on 6, a gentleman standing over her asked Plumlee if she knew what happened, to which she responded, "Surgery." He had tears in his eyes and said, "You were burned."

In a lawsuit against Dr. Brad Barger, Plumlee claims that firing up the cauterizing tool after swabbing her with alcohol ignited the drapes and Plumlee on fire. The fire melted her oxygen tube, burning the inside of her mouth and her tongue. She's suffered pain, deformity of her lips and face and she needs constant medical care, including, likely, more surgery.

The Association of periOperative Registered Nurses (AORN) Position Statement on Fire Prevention reports outside data estimating approximately 100 surgical fires occur every year, resulting in about 20 serious injuries to patients and two deaths per year. The overriding consideration with surgical fires is that they are 100% preventable.

What are Some Surgical Risks?

In addition to surgical fires, patients face the risk of surgical errors and injuries, which may include:

  • Anesthesia error: Improper dosage, delayed onset, adverse patient reaction to anesthesia, failure to intubate or improper intubation, failure to monitor the patient or recognize complications; anesthesia error may result in nerve damage, brain damage or even death
  • Wrong site surgery: Surgery may be performed on the wrong body part (e.g., left hand instead of right hand)
  • Injury during surgery: Occasionally, an organ or body part may be injured in the surgical process
  • Misplaced surgical sponges or tools: Surgical instruments are sometimes left in the patient
  • Nurse error: Improper dosage or dosing the wrong patient, failure to monitor mother and child after Caesarian, improper insertion of IV line
  • Unnecessary surgery: The surgery itself may not have been warranted, depending on the patient's circumstances

Surgical risks exist in both emergency and elective surgeries. Defective or unsanitary products and equipment may add to the risks patients face in the operating room.

How can Patients Protect Themselves Against Risk of Injury or Error?

One of the most dangerous elements of surgery is the administration of anesthesia. While people may spend hours looking for referrals and researching their surgeon, many do not know who their anesthesiologist will be. Patients may not realize that an anesthesiologist has more training and education than a nurse anesthetist, or that anesthesiologists may also be board-certified.

One of the best ways for patients to protect themselves is to become educated. It is appropriate to ask, and patients should feel comfortable asking, questions regarding:

  • Surgeon: Check whether the surgeon is board-certified by the American Board of Surgery; also determine how long the surgeon has been in practice, how much experience he or she has with the specific surgery, examine licensure and any history of disciplinary action
  • Anesthesia: Request an anesthesiologist, rather than a nurse anesthetist; find out whether the anesthesiologist is board-certified by the American Board of Anesthesiology
  • Surgical checklist: Inquire whether the hospital has and utilizes a surgical checklist
  • Surgical fire prevention: Determine whether the doctors and nurses have taken fire prevention training
  • Medications: Know in advance which medicines to stop taking before surgery; be educated regarding medications administered post-surgery

Having a family member or friend available the day of surgery is also beneficial. Sometimes patients create a durable power of attorney for health care prior to surgery; a lawyer can create this instrument and advise patients how to make their wishes known regarding life-sustaining treatment and other interventions.

When a Patient Has Been Injured

Entrusting one's body to others is big step and it can be emotionally and physically debilitating to suffer from a surgical error or injury. These victims do have recourse, though.

Depending on the situation, it may be possible to recover from the nurse, hospital, anesthesiologist/anesthetist or surgeon. The types of damages may include compensation for medical bills, prescription costs, lost wages and even punitive damages, depending on the circumstances. An experienced attorney can offer patients the counsel they need to determine whether to bring a malpractice lawsuit.

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