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Surgeon Malpractice and Personal Injury

Robert Huber

Of all the forms of medical malpractice, negligence on the part of a medical professional during surgery is by far the most serious. The complications from a botched surgery can result in long-term disabilities, debilitating conditions, and in extreme cases, even death. Each year, over 4,000 surgical errors occur throughout the United States. In this post, we’ll evaluate what criteria needs to be met for a failed surgery to qualify as malpractice and what steps you can take in the event that you or are a loved one are impacted by one of these tragic events.

What Qualifies as Negligence?

This is the key qualifier in determining whether or not you have a case against the surgeon who performed a failed surgery. The criteria for what qualifies as negligence is complex. In many cases negligence can be hard to prove, as there are a lot of factors that go into the execution of a surgery. These cases often hinge on the physical and mental state of the doctor in question. If a surgeon was under the influence of drugs or alcohol, this would qualify as malpractice. If they were performing the surgery while extremely exhausted, this would also qualify as negligence, as their actions put the patient  at risk. Failure to coordinate with other medical staff during the procedure, and simply performing the operation with incompetence, can also qualify as forms of negligence.

Proving Fault

After establishing the criteria for medical malpractice during a surgery, the question is how to prove it to a sufficient standard in court. Some cases may rely heavily on witness testimony from other medical staff helping to perform the procedure. Gathering this testimony, and utilizing it properly to prove your case, can be very strenuous, especially if you or a loved one are recovering from serious medical conditions.


Having the proper resources to build your case, gather witness testimony, and prove your claim of medical malpractice is something that established legal firms can help with. By consulting with an experienced personal injury lawyer, you provide yourself with the best avenue to recover lost wages as you begin to move forward from the injuries you’ve endured due to the negligence of a medical professional.