When you undergo surgery, you trust your health care team with your health, well-being and often a significant amount of money. You expect proper care that helps you recover without further harm.

While mistakes can happen, some surgical errors may result from negligence. Knowing when a surgical mistake becomes medical malpractice can help you understand your rights and options.

The standard of care helps define medical malpractice

A surgical mistake can become medical malpractice if your healthcare provider fails to follow the accepted standard of care and that failure harms you. For example, leaving a surgical instrument inside your body or operating on the wrong body part may indicate negligence.

However, a complication or poor result does not always mean your provider made a mistake. You generally need to show that the provider’s actions caused your injury.

Incorrect procedures and surgical mistakes can cause serious harm

Surgical errors can take different forms, and some can cause significant harm. You may experience:

• Wrong-site surgery: A provider operates on the wrong body part.
• Wrong-person surgery: A provider performs surgery on the wrong patient.
• Wrong procedure: A provider performs a different or unnecessary surgical procedure.
• Anesthesia errors: An incorrect anesthesia dosage can cause serious complications during or after surgery.
• Organ or tissue damage: Surgery can cause unintended damage to an organ, nerve or other tissue.
• Retained surgical items: A sponge or instrument may remain inside your body after surgery.

Kentucky rules list wrong procedures, wrong-site surgeries and surgeries performed on the wrong person as preventable medical errors.

Kentucky law sets requirements for medical malpractice claims

If you believe a surgical mistake injured you, Kentucky law sets requirements for bringing forth a medical malpractice claim. In many cases, you must file a certificate of merit showing that a qualified medical expert reviewed your case and found a reasonable basis for the claim.

Kentucky law also generally gives you one year to file a malpractice action after the claim accrues, subject to specific rules and exceptions.

Knowing your options after a surgical error

If a surgical error causes you more injuries, treatment or expenses, you do not have to handle it alone. Getting legal help and reviewing what happened can help you know what to do next and protect your claim under Kentucky law.