Nashville Surgical Injury Lawyer

Nashville Surgical Injury Attorney

Any surgery has the potential to result in complications, but when a doctor makes a mistake, it can result in medical malpractice that causes a victim to suffer catastrophic injuries. Even the smallest mistake can have lifelong consequences, and it is only right that the victim receives fair compensation for their injuries. Working with a dedicated Nashville surgical injury lawyer makes it easier for you to get the financial support you deserve after a serious surgical injury.

Hire a Surgical Injury Lawyer in Nashville, TN

At the Law Offices of Daniel L. Clayton, our attorney knows how these injuries can happen, and he understands how to hold hospitals and doctors accountable for their actions. Daniel L. Clayton takes the time to gather the information and evidence necessary to maximize the compensation his clients earn for their surgical error claims. With over 35 years of legal experience, he can help you get the financial recovery you deserve.

Medical malpractice claims are complex, with specific standards for evidence to support the burden of proof. It isn’t easy to navigate this as you address the aftermath of an injury, which is why working with an experienced Nashville personal injury lawyer can make a meaningful difference. At our firm, we are committed to your case and to fighting for your rights and the ideal outcome to your case.

What Injuries Can Occur in Surgical Errors?

Errors during surgery are not only unexpected but can have lasting impacts on the patient and their families. There are a variety of errors that could arise during surgery. These include:

• Nicked or perforated organs
• Nerve damage
• Brain injuries
• Spinal cord injuries
• Paralysis
• Infection
• Blood clots
• Limb loss
• Wrongful death

Common Causes of Surgical Errors

There were 130 reports of medical malpractice payments in Tennessee in 2024, totaling almost $38 million. Surgical errors are one very serious type of medical malpractice case.

Surgical errors can occur in minor or major operations, resulting in serious health issues for individuals. Knowing what can cause a surgical error is the first step in securing compensation that accurately reflects the cost of recovery in a unique case. In the years the Law Offices of Daniel L. Clayton has been representing clients throughout middle Tennessee with these cases, we have seen injuries caused by:

• Wrong-site surgery errors, such as operating in the wrong area
• Wrong-patient surgery, due to failure to verify the patient
• Wrong body part removal, like the removal of the wrong organ
• Wrong medical implant, such as putting an unwanted or incorrect medical device in place
• Tools or instruments left within the body, like a sponge or other tool
• Anesthesia errors, which can lead to brain damage
• Reckless surgical techniques, which can cause significant internal damage
• Poorly sterilized equipment or tools, potentially causing infection
• Defective or improperly maintained medical devices can cause harm after surgery
• Nicked organs, arteries, or nerves, leading to loss of feeling or internal bleeding
• Delayed response to bleeding during surgery, causing potentially dangerous blood loss
• Improper positioning, leading to sores and injuries
• Medication dosage or other errors, which can have serious side effects
• Unneeded medical procedures
• Improper monitoring after surgery or letting a patient leave too soon after surgery
• Failing to note or treat complications after surgery

One example of a surgical error involves the gallbladder. This delicate organ is extremely vulnerable to any kind of disturbance or interference. For instance, if the bile duct is cut during surgery, it can result in catastrophic injuries with lifelong complications or even death.

Errors during surgery are not always considered medical malpractice, but they can be. If you believe you were the victim of malpractice, an experienced Nashville surgical injury attorney can help.

What Are the Causes of Surgical Error Malpractice?

There are many potential causes for errors during surgery, many of which can point to malpractice by a healthcare provider or a healthcare facility. These errors may include:

• Fatigued or overworked healthcare providers
• Facilities that do not staff sufficiently
• Inexperienced or improperly trained providers
• Insufficient preparation for the surgery
• A lack of communication between all medical personnel
• Medical providers who are impaired on the job
• Distraction or inattention during surgery
• Shortcuts during the procedure

Many medical providers take their responsibility seriously and take reasonable care with their patients. Unfortunately, not all do, and patients like you can be hurt. If you were hurt because of the carelessness of a healthcare facility or its providers, you have options. Initial complaints can be filed with the Tennessee Health Facilities Commission, which has a location in Nashville on 502 Deaderick Street, but further steps for legal support are easier with the support of an attorney.

Complications Vs. Malpractice in Surgery Errors in Nashville, TN

Surgeries often have complications after they are completed. A complication does not mean your surgeon or other medical providers were negligent with your care. Surgical complications can occur even when your care team takes all the right steps and upholds their duty of care to provide you with professional care.

An infected surgery site may occur even with good care. However, if the infection only happened because you were not provided with proper care, or because instruments were not sterilized, this would likely be malpractice.

There are also some errors which should never occur during or after surgery, which only happen when insufficient care is taken by at least one party involved, like wrong-site surgery.

FAQs About Nashville, TN Surgical Injury Laws

How Much Compensation Can You Get for Surgical Errors in Tennessee?

The compensation you can get for surgical errors in Tennessee depends on the severity of your injuries and the other costs of complications. You could recover the costs of additional needed medical care to correct the error, the value of your lost wages and benefits during additional recovery time, lost future earning capacity if you are disabled and unable to work, pain and suffering, loss of quality of life, and other damages. You could recover punitive damages in some cases.

What Is an Example of Surgical Malpractice?

An example of surgical malpractice would include a surgeon operating on the wrong part of the body, leaving behind surgical tools in the operating site, or a nurse’s failure to properly monitor a patient after a surgery. When mistakes are made, it is not always considered malpractice, although it is if the medical provider failed to uphold their duty of professional care to the patient, and failed to act reasonably given the circumstances.

Who Can Be Held Responsible for a Surgical Error?

There are several parties that might be partially or fully responsible for a surgical error, depending on the circumstances. The surgeon may have made an error during the process, or a nurse may fail to communicate important information with the surgeon or other provider. The facility may have failed to vet surgeons prior to hiring them or failed to take reasonable steps to fully staff the hospital, leading to long shifts, fatigue, and errors.

How Hard Is It to Win a Medical Negligence Case?

It can be hard to win a medical negligence case, as they are some of the most technically and legally complex injury claims. However, it is still possible to win a case, and you are more likely to succeed with significant evidence supporting your case and the negligence of the provider or medical facility. It is easier to secure this evidence and assess the potential success of your case when you hire a surgical injury lawyer.

Contact a Nashville Surgical Injury Lawyer For A Free Assessment

The Tennessee Surgical Quality Collaborative, which partnered with 23 medical facilities as of 2016, reported several improvements in the postoperative results in surgeries, including 873 fewer deaths cumulatively from 2009 to 2014. While quality improves, there are still errors and issues that arise. You deserve financial support when a provider acts negligently with your health and life.

While surgeries are an extremely delicate and complex process, that is no excuse for a medical professional to make a surgical error. If you believe that you suffered from medical malpractice in the operating room, call our Nashville office at (629) 895-5444 or contact the Law Offices of  Daniel L. Clayton to schedule your initial consultation. The sooner you reach out to our office, the sooner we can begin building your case.