If a surgeon, hospital, anesthesiologist, nurse, or other medical provider failed to meet the accepted standard of care while performing surgery on you or a loved one, Oklahoma law may allow you to pursue compensation through a medical malpractice claim. While no legal action can undo the harm that was caused, a successful claim may help ease the financial burden and hold the responsible parties accountable.
DM Injury Law is here to help. Our Tulsa surgical error attorney will listen to your story, investigate the circumstances surrounding your injury, and fight for the compensation you deserve.
Call us today to schedule your free consultation. We work on a contingency fee basis, which means you don’t pay us anything out of pocket.
Call 918-900-9000 or contact us online for a free consultation.
Why Choose DM Injury Law for Your Tulsa Surgical Mistake Claim?
Surgical mistake cases are often complex because they involve medical records, expert opinions, hospital protocols, and questions about whether the provider followed the accepted standard of care. You need a firm with the resources to investigate what happened and build a strong case.
Here's what sets DM Injury Law apart:
- Over $1 Billion Recovered: We have a track record of securing significant results for individuals who suffered serious injuries and families who have lost loved ones in accidents.
- Medical Malpractice Experience: We understand how to investigate claims involving hospitals, surgeons, nurses, and other medical providers.
- Medical Experts and Case Review: We work with qualified medical experts who can review records and help determine whether negligence occurred.
- Trial Ready: We prepare every case as though it may go to trial. While many claims are resolved before reaching the courtroom, we are fully prepared to advocate for you before a judge or jury when necessary.
- No Upfront Costs: We work on a contingency fee basis. You pay nothing up front or out of pocket, ever. We only collect a fee if we win your case.
- Large Firm Resources: As a large personal injury law firm, DM Injury Law has the attorneys and support staff needed to help with each specific part of your case.
What Is a Surgical Mistake Claim?
A surgical error claim may arise when a patient is harmed because a surgeon, hospital, anesthesiologist, nurse, or other medical provider failed to provide care that met accepted medical standards. These claims fall under the broader category of medical malpractice.
Not every bad surgical outcome is malpractice. Some complications can happen even when doctors do everything correctly. A valid surgical malpractice claim usually requires proof that a provider failed to meet the standard of care and that this failure caused harm.
Common examples of surgical mistakes include:
- Wrong-site surgery
- Wrong-patient surgery
- Wrong procedure
- Leaving a surgical instrument or sponge inside the body
- Anesthesia errors
- Nerve damage
- Organ or tissue damage
- Surgical infection caused by poor protocols
- Failure to monitor the patient after surgery
- Failure to recognize or treat complications
- Lack of informed consent
Some surgical errors connect to other types of cases. Mistakes during labor and delivery may involve a birth injury claim, while fatal surgical errors may support a wrongful death claim.
Our team can help you understand which path fits your situation.
Call 918-900-9000 or contact us online for a free consultation.
Surgical Mistake Statistics
Surgical safety is a recognized concern among health organizations and researchers. These points help put the issue in perspective:
- The World Health Organization has identified surgical safety as a major global patient safety issue and created the Surgical Safety Checklist to reduce preventable surgical harm.
- Wrong-site surgery, wrong-patient surgery, and retained surgical items are often referred to by AHRQ as "never events" because they are serious, preventable mistakes that should not happen.
- Medical errors can cause serious injuries, extended hospital stays, additional surgeries, and long-term complications.
- A surgical mistake claim should be evaluated carefully because the difference between a known complication and malpractice often depends on the medical facts.
Steps to Take After a Surgical Mistake in Tulsa
The steps you take after a suspected surgical mistake can affect your health and your legal claim. Start by protecting your medical care, then begin preserving records and information.
Here’s what you should do after a surgery that’s gone wrong:
- Get Medical Care Immediately: Seek medical care right away if you are experiencing worsening pain, infection symptoms, breathing problems, weakness, numbness, or other serious symptoms.
- Request Your Medical Records: Ask for surgical notes, anesthesia records, discharge instructions, imaging, test results, and follow-up records.
- Document Your Symptoms: Keep a written timeline of symptoms, appointments, complications, and how the injury affects your daily life.
- Preserve Bills and Expenses: Save medical bills, prescription receipts, travel costs, lost wage information, and other financial records.
- Avoid Signing Releases Too Quickly: Do not sign broad releases or settlement paperwork before speaking with an attorney.
- Contact a Tulsa Surgical Mistake Lawyer: The sooner our team gets involved, the sooner we can review records, consult experts, and protect your claim.
Who Can Be Liable for a Surgical Mistake?
More than one party may be responsible for a surgical injury. Liability depends on who made the mistake, where the breakdown happened, and whether the injury could have been prevented.
Potentially liable parties include:
- Surgeons: A surgeon may be liable if they performed the wrong procedure, injured an organ, failed to follow proper technique, or ignored signs of a complication.
- Anesthesiologists: An anesthesia provider may be liable if they gave the wrong dosage, failed to monitor oxygen levels, or missed signs of distress.
- Hospitals or Surgical Centers: A facility may be liable for poor staffing, unsafe protocols, contaminated equipment, or failure to enforce surgical safety procedures.
- Nurses and Support Staff: Nurses and staff may be liable when communication breakdowns, medication mistakes, or monitoring failures cause harm.
- Medical Device Manufacturers: A manufacturer may be responsible if defective equipment or devices contributed to the injury.
DM Injury Law will conduct a thorough investigation of your case and find out exactly who is responsible for your botched surgery. Call today for a free case consultation.
What Compensation Can You Seek After a Surgical Mistake?
A surgical mistake can create medical, financial, and personal losses that last long after the procedure. A medical malpractice claim may help you recover compensation for both economic and non-economic damages.
Economic Damages
- Additional medical care
- Corrective surgery
- Hospitalization
- Rehabilitation and therapy
- Prescription medications
- Medical equipment
- Lost wages
- Reduced earning capacity
- Travel costs for medical appointments
- Long-term care costs
- Funeral and burial expenses (if a loved one died because of the surgery)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Disfigurement or scarring
- Loss of independence
- Impact on family relationships
When your claim is resolved, you can learn more about how funds are handled on our settlement checks page.
How Much Is a Surgical Mistake Claim Worth?
There is no fixed formula for determining the value of a surgical malpractice claim. The value depends on the severity of the injury, the cost of additional treatment, whether the injury is permanent, and how clearly negligence can be proven.
Key factors that influence the value of your claim include:
- Severity of the surgical injury
- Whether corrective surgery is needed
- Length of recovery
- Long-term disability or scarring
- Lost income and reduced earning capacity
- Strength of the medical evidence
- Number of liable parties
- Available insurance coverage
Our legal experts at DM Injury Law will work with medical professionals to carefully calculate the losses this accident caused you and make sure it is reflected in your final settlement.
Why It's Important to Call an Attorney Early On
Waiting too long to file a surgical mistake claim can make it harder to collect records, identify responsible parties, and get qualified medical experts involved.
- Medical Records Must Be Preserved: Surgical notes, anesthesia records, lab results, and post-operative records are critical to your claim.
- Hospitals Begin Reviewing Incidents Quickly: Hospitals and insurers often begin their own review before you know what happened.
- Expert Review Takes Time: Surgical malpractice cases usually require qualified medical experts to review records and explain whether the standard of care was violated.
- Symptoms Can Change Over Time: Documenting your symptoms early can help connect the surgical mistake to your injury.
- Oklahoma's Statute of Limitations Applies: Most Oklahoma medical malpractice claims must be filed within the applicable legal deadline. Have an attorney verify the deadline for your specific case, because deadlines vary depending on the facts.
- Evidence Can Be Lost: Photos, communications, discharge instructions, and witness information can become harder to locate over time.
Tulsa Surgical Mistake FAQs
What is considered a surgical mistake?
A surgical mistake is an error during preparation, surgery, anesthesia, or post-operative care that causes preventable harm. Examples include wrong-site surgery, retained surgical items, anesthesia errors, or failure to monitor complications. Not every poor outcome is malpractice, but if a provider failed to meet the accepted standard of care, you may have a claim.
Is every surgical complication medical malpractice?
No. Some complications can happen even when medical providers act appropriately. Surgery carries known risks, and a difficult outcome does not automatically mean someone was negligent. A malpractice claim usually requires proof that the provider failed to follow the accepted standard of care and that this failure caused injury.
What should I do if I think my surgeon made a mistake?
Seek medical care for any worsening symptoms, then request copies of your surgical and post-operative records. Keep a written timeline of your symptoms, appointments, and expenses. Avoid signing broad releases or giving recorded statements before speaking with an attorney. Then contact a Tulsa surgical mistake lawyer who can review what happened, consult medical experts, and help you understand your options before important evidence is lost.
How long do I have to file a surgical mistake claim in Oklahoma?
Oklahoma sets time limits on medical malpractice claims, and these deadlines are strict. According to Oklahoma Statutes title 76, section 18 states you generally have two years to file a medical malpractice claim. However, other factors can affect your time limits.
Can I sue a hospital for a surgical mistake?
In some cases, yes. A hospital or surgical center may share responsibility for unsafe staffing, poor protocols, contaminated equipment, or the actions of its employees. Liability depends on how the breakdown happened and whether the facility's conduct fell below accepted standards.
What evidence helps prove a surgical malpractice claim?
Key evidence often includes surgical notes, anesthesia records, lab and imaging results, discharge instructions, and post-operative records. Photographs of injuries, a timeline of your symptoms, and records of your expenses also help. In most cases, qualified medical experts review these records and explain whether the provider met the accepted standard of care. The sooner this evidence is preserved, the stronger your claim can be.
What if the surgical mistake caused permanent injury?
A permanent injury can affect your ability to work, your independence, and your quality of life. A claim may account for both current and future losses, including additional medical care, lost earning capacity, and the long-term impact of the injury. We work with medical and financial experts to document the full extent of your losses. Every case is different, and we will give you an honest assessment of what your specific claim may involve.
What if a loved one died because of a surgical mistake?
If a surgical mistake caused a death, certain family members may be able to pursue a wrongful death claim under Oklahoma law. These claims can address losses such as medical costs, funeral expenses, lost financial support, and the loss of companionship.
How much does it cost to hire DM Injury Law?
Nothing up front. We handle surgical mistakes and medical malpractice cases on a contingency fee basis. This means you pay nothing out of pocket and nothing unless we win your case. Our fee comes as a percentage of the recovery we secure for you. There are no hidden costs and no financial risk in calling us. Your first consultation is completely free.
Will my surgical mistake case go to court?
Many surgical mistake claims are resolved through settlement negotiations before reaching a courtroom. However, if the hospital or insurer refuses to offer a fair amount, we are prepared to take your case to trial. We build every case as if it may go before a jury, which helps put your family in a stronger position during negotiations.
How DM Injury Law Can Help Your Family
You do not have to face this alone. A surgical mistake can leave you with pain, uncertainty, medical bills, and questions about what really happened. DM Injury Law can help you get answers.
Contact our Tulsa surgery error attorney at DM Injury Law today to schedule your free consultation. You pay nothing unless we win.
Call 918-900-9000 or contact us online for a free consultation.