Surgical Errors

If you or a loved one suffered harm from a surgical error, The Jaklitsch Law Group’s experienced attorneys can help you assert your rights and pursue fair compensation from negligent healthcare providers. We understand the emotional and financial toll of these situations and are committed to fighting for justice on your behalf.


Holding Negligent Medical Providers Accountable: Jaklitsch Law Group's Surgical Errors Attorneys

When you go to the doctor to have surgery, you expect the medical team to follow the proper procedures and correct the problem. You trust that your surgery and subsequent treatment plan will help you feel better–not worse. But when doctors make mistakes or fail to address red flags after surgeries (such as post-op infections or complications), they further jeopardize your physical, emotional, and financial health. Surgical errors can cause patients irreparable harm, requiring individuals and families to bear the burden of unexpected injuries, costs, and, in some cases, death.

A surgical errors attorney can help you stand up against negligent healthcare providers and assert your rights. They can also help you recover due compensation for the damage you experienced because of the provider’s conduct. 

The compassionate team at The Jaklitsch Law Group understands how frustrating it can be for victims when they experience harm at the hands of their surgeon. Since 1999, we have helped victims recover over $210 million in compensation and held many doctors, hospitals, and other healthcare providers accountable for their actions. 

Common Surgical Errors In The Operating Room

According to the National Library of Medicine, approximately 400,000 medical mistakes occur every year. Studies estimate that of these, about 4,000 are surgical errors, resulting in a wide range of surgical complications. Common types of surgical errors include the following:

  • The medical team did not give the patient the correct amount or type of anesthesia or medication;
  • The surgical team performed the incorrect operation on the patient;
  • The operating team did not perform the right surgery on the right patient;
  • The surgeon performed the proper surgery but at the wrong site;
  • The surgical staff left a foreign object inside the patient;
  • The providers did not adequately monitor the patient’s vitals throughout the procedure;
  • The surgeon negligently performed the surgery; and
  • The surgical staff did not properly sterilize the operating room before performing the procedure on the patient.

Surgical errors can be incredibly impactful for patients, causing them to develop life-threatening infections. Negligent post-operative care by the medical team can also put patients at risk of experiencing harm. Skilled medical malpractice attorneys fight for patients when hospitals and surgeons do not do what they should when performing delicate procedures.

How Do You Prove Surgical Malpractice In Maryland?

To have a claim against a surgeon, hospital, or another healthcare provider in Maryland, you must show that the standard of care provided to you fell below what is expected of the provider under the circumstances. Additionally, you must show that you suffered damages because of the error. In other words, you must prove the elements of negligence: duty, breach, causation, and injury.

Duty of Care

Under Maryland law, all individuals and businesses that engage in the practice of medicine must provide a level of care that follows the standard of practice of others who engage in that area of medicine. Factors that determine the level of care owed to the patient also include the physician’s years of experience, their geographic location, and standard practices in the specific medical field and clinic. Patients can prove this element by putting forth evidence and medical expert testimony about how providers should perform a procedure.

Breach of Duty of Care

The patients must show that the provider failed to meet their duty of care under the circumstances. They can accomplish this by having a medical expert testify about what the provider did wrong. If possible, the patients can also ask members of the surgical team to testify about what occurred and what should have happened instead.


The patient must also draw a causal link between the surgical team’s conduct and the patient’s injuries. Put another way, they need to show what the outcome should have been and what occurred instead.


Finally, the patient must prove they suffered damages because of the surgical error. Damages can be in the form of economic injuries, mental harm (e.g., pain and suffering), physical damages, or a combination of those.

How Do You File A Medical Malpractice Claim In Maryland?

In Maryland, victims typically must file medical malpractice claims with the Health Care Alternative Dispute Resolution Office if the compensation they seek is over a certain amount. In most cases, that threshold amount is $30,000. In some situations, Maryland law gives the parties the right to waive the arbitration process and instead proceed in the applicable court. If the amount of damages pursued by the victim is between $5,000 and $30,000, they may not need to file the claim with the Health Care Alternative Dispute Resolution Office.

Injury victims benefit from speaking with an experienced surgical errors attorney who can investigate their claims and determine their legal options under the circumstances. They can also help victims navigate the nuanced process of bringing a medical malpractice claim in Maryland. For example, they can prepare and file a complaint on behalf of the victim and submit it to the appropriate court or arbitration panel (where applicable). They can also help the victim meet the other requirements imposed by Maryland law when filing a claim against a healthcare provider, such as getting a qualified medical expert to review and support the underlying allegations.

My Loved One Died Because Of A Botched Surgery Or Because Of Complications. What Are My Rights?

Despite the advancements in medicine throughout the years, death from surgery and death from anesthesia still occur, leaving surviving loved ones to shoulder the immense, unexpected loss. When the person who died was the primary financial provider, it can also cause families to worry about making ends meet.

Maryland empowers surviving family members to file a wrongful death claim if their loved one is killed because of medical malpractice. A knowledgeable medical malpractice wrongful death attorney can help them by investigating what happened and determining if someone in the family can bring a claim against the doctor, hospital, or provider responsible. 

Contact A Dedicated Surgical Errors Attorney At The Jaklitsch Law Group

Surgical errors can have widespread consequences. At the Jaklitsch Law Group, we believe patients should not have to shoulder the burden of medical malpractice without compensation for the immense troubles these occurrences cause. Our team works tirelessly to help victims recover from their losses and hold liable those bad actors who caused their injuries. If a surgical error injured you or your loved one, call our office today at 301-627-8700 or contact us online to schedule a consultation.

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