What can you do when your loved one suffers a serious injury from medical malpractice during a surgical procedure in Connecticut?  

Your loved one has the right to safe surgery.  Surgery should be performed within guidelines called the “standard of care” for your surgical procedure.  If the surgeon does not follow the standard of care, they commit medical malpractice.  If that malpractice causes a serious injury then you might have a case of medical malpractice. 

Medical malpractice is a serious problem.  In a 2013 study, A New, Evidence-Based Estimate of Patient Harms Associated with Hospital Care by John T. James, PhD., premature death associated with preventable harm to patients was over 400,000 per year.  

Dealing with surgical error specifically, according to the respected website WebMD, there are certain errors called “never events” which are events that should never happen.  Yet, these types of gross surgical errors occur 4000 times per year according to the article.  In another article called an Analysis of Surgical Errors in Closed Malpractice Claims at 4 Liability Insurers, the authors found that one-half to two-thirds of inpatient adverse events are due to surgical error, and more that half of those adverse event were preventable.  That article was published in July 2006 in the medical journal Surgery.  Examples of these gross surgical errors that should never happen are leaving a sponge in the patient’s body, or performing the wrong procedure on the patient.  You can imagine how many other surgical errors occur. 

Surgical errors lead to serious injury. In the article above from Surgery the authors found that 23% of the surgical errors led to death, and another 65% led to either a significant or major injury.  Don't let your health care professional get away with the pain and suffering caused by a surgical error.  Surgical errors often lead to serious life altering injury, and are totally avoidable. 

Fight for the compensation and justice you deserve for the injuries you have sustained, or for your loved one who had their life taken away.

In a medical malpractice lawsuit, you can win compensation for:

  • Medical expenses
  • Lost wages and diminished future earning capacity
  • Pain and suffering
  • Loss of companionship
  • Permanent catastrophic injuries or disabilities, including scarring
  • Wrongful death

Serious Injuries and Wrongful Death Due to Surgical Errors

At The Bartinik Law Firm LLC, we are very selective about the medical malpractice cases we accept. We strive to fight for individuals who have endured very serious injuries and have the most to gain from winning a Connecticut medical malpractice suit.  We also work with families who have lost their loved ones due to the negligence of a medical professional.

You may have a medical malpractice lawsuit if you or a loved one has been faced with one of the following situations:

  • Surgery at the wrong site,
  • Surgery on the wrong patient or a patient mix-up,
  • Unnecessary surgery,
  • Infection,
  • Leaving a surgical instrument like a sponge or probe inside the body,
  • Damage to internal organs,
  • Nerve damage including spinal cord damage, and brain damage.

How to evaluate whether you have a medical malpractice case based on a surgical error?

Do you think that a loved is the victim of a surgical error?  How is your case evaluated?  The first step is to gather the medical records and especially the operative note.  When a surgery is performed you should expect a detailed operative note that describes what was performed.  For example, if you live in Southeastern Connecticut you likely treated at Backus Hospital or Lawrence & Memorial Hospital.  If, continuing with the example, your loved one has suffered an infection in her spinal canal due to an improper wound closure at Lawrence & Memorial Hospital, you should request all of the records from Lawrence & Memorial Hospital, and find the section of the operative note that described the wound closure.  Further, if the spinal infection has led to spine damage or brain damage you will gather all treatment records of the brain damage so you can evaluate how the surgical malpractice caused the damage to the brain or spine.  Next, you will have to find a doctor that is of the same specialty as the defendant doctor to review the case, and offer an opinion about whether there was surgical malpractice.  Only if you get an opinion that medical malpractice has occurred, can you proceed with your case. 

There are also additional hurtles that you must also overcome, like proof of damages.  You must prove your harms and losses.  You must also prove that your harms and losses were caused from the medical malpractice.  In the context of a surgical error you will be forced to examine the consequences of the error and whether the underlying condition (that necessitated the surgery) contributed to the harm, and whether the surgical error made any difference at all.  For example, you must prove that the surgical error caused the serious injury or death.  If your loved one was very sick, then the defense to try to blame your loved one’s death on the underlying illness itself instead of the surgical error.  If the surgical error caused the death of a loved one, then a wrongful death case can be brought.  If death did not occur, and your loved on suffered a brain injury or other serious complication like organ failure, or limb amputation, then an evaluation of the injury must occur to evaluate the life-long care your loved one will need.   All of these medical questions require answers by qualified medical experts to determine the harms and losses suffered by your loved one.  

If you know negligent medical professionals caused your life-changing injury due to the surgical malpractice error it's time to fight back and let them know they will be held accountable for their malpractice.

Contact Our Groton Medical Malpractice Attorneys

Our medical malpractice lawyers at The Bartinik Law Firm LLC, do not accept every case. For a medical malpractice lawsuit to be successful, we must prove that the medical provider failed to live up to the appropriate standard of care, as well as that the medical negligence or malpractice caused harm to our client.

When The Bartinik Law Firm LLC represents you in your medical malpractice case, you can expect attention to detail.  You can also expect excellent customer service on the day-to-day basis in our office.  Just take a look at our former client testimonials on this website.  When is comes to case preparation and trial technique, we have Board Certified Civil Trial Attorneys ready to take your case to trial if necessary.  Additionally, we have also taught Health Law at the Quinnipiac College School of Law, lecturing to other attorneys on the topic of medical malpractice. We set the standard for medical malpractice attorneys throughout the state of Connecticut.

If you or a loved one were injured or killed due to the negligence of a medical professional from a surgical error contact The Bartinik Law Firm LLC, at 860-445-8521 or toll free 888-717-4211 today for a free consultation.


Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut