Not every surgical complication is grounds for a medical malpractice claim. Medical malpractice occurs when a healthcare provider, such as a doctor or surgeon, fails to meet the accepted standard of care, leading to harm. In cases involving bowel injuries during surgery, malpractice typically occurs in two ways:
- Immediate Surgical Mistake. If a surgeon realizes during the surgery that they have cut or nicked the bowel and takes corrective measures, even if it leads to extra surgical time or additional procedures, this may not necessarily constitute medical malpractice if no harm is suffered.
- Failure to Address Post-Surgical Symptoms. However, if a patient complains of severe pain, nausea, difficulty urinating, or other symptoms after surgery and the doctor dismisses or ignores these complaints, leading to a delay in treatment, this may be considered medical malpractice. The failure to recognize and treat a bowel perforation promptly can result in severe abdominal infections or sepsis, which can be life-threatening.
If you or a loved one suffered complications from a surgical error that went untreated or ignored, contacting a surgical error attorney can help you determine whether you have grounds for a medical malpractice claim.