What Is Surgical Care Malpractice?

Surgical care malpractice refers to preventable mistakes made by medical professionals before, during, or after surgery that result in patient harm. These errors are not simply the risks a patient accepts when consenting to a procedure—they are violations of the accepted standard of care that should have been avoided with proper attention, skill, and communication.

A surgical malpractice case typically arises when a surgeon, anesthesiologist, nurse, or other provider acts negligently or fails to act appropriately in the context of a surgical procedure. This could involve performing the wrong surgery, using improper surgical technique, operating on the wrong body part, or neglecting a patient’s vital signs during recovery. Unlike routine complications or known side effects, these errors are considered negligent because they stem from actions no reasonably competent medical professional would take.

Surgical errors often occur in high-pressure environments where teams must act quickly and in coordination. When systems break down—whether due to understaffing, improper hospital policies,  lack of preparation, or communication failure—the patient pays the price. Under Illinois law, individuals harmed by surgical negligence may seek damages for past and future medical expenses, lost wages, long-term disability, disfigurement, pain and suffering and emotional distress.

Understanding what surgical care malpractice looks like is the first step in holding negligent providers accountable and ensuring safer medical practices for all.

Surgical care malpractice occurs when a preventable error is made before, during, or after a surgical procedure due to a healthcare provider’s negligence. These mistakes can cause serious harm, including infection, internal injuries, or even death. In Illinois, patients harmed by surgical errors may be entitled to compensation if they can show that their provider failed to meet the standard of care.

Unlike known surgical risks—which are typically disclosed through informed consent—surgical malpractice involves avoidable mistakes, such as operating on the wrong body part, leaving surgical instruments inside the body, or failing to monitor a patient after surgery. These are considered breaches of duty under Illinois malpractice law.

Common Types of Surgical Malpractice

• Wrong-Site Surgery: Operating on the wrong body part or the wrong patient entirely.

• Improper Technique:  Using a surgical approach or method that other surgeons do use because of the risk.

• Surgical Instruments Left Behind: Retained sponges, clamps, or tools inside the body cavity.

• Anesthesia Errors: Over- or under-administration of anesthesia, or failure to monitor vital signs.

• Nerve or Organ Damage: Accidental injury to nearby structures during surgery.

• Post-Surgical Infection: Resulting from poor sterilization or improper wound care.

• Failure to Monitor or Respond to Complications: Ignoring signs of bleeding, infection, breathing difficulties, or heart problems during surgery or in the recovery period.  

Causes of Surgical Errors

• Inadequate preoperative planning

• Communication breakdowns between surgical staff

• Fatigue or inexperience

• Improper technique or lack of training

• Lapses in post-operative monitoring

Consequences of Surgical Malpractice

• Severe pain or disfigurement

• Organ failure

• Repeat surgeries or extended hospitalization

• Permanent disability

• Loss of fertility or function

• Death

Examples of Surgical Malpractice in Illinois

• Injury to the Spinal Cord: During routine surgery to treat a herniated cervical disc, a neurosurgeon failed to detect a condition called Ossification of the Posterior Longitudinal Ligament [OPLL], resulting in injury to the spinal cord and permanent paralysis of the patient below the neck.

• Instrument Left Behind: A Chicago woman developed chronic pain and infection after a sponge was left in her abdomen during a routine hysterectomy. A second surgery was required to remove it.

• Wrong Procedure Performed: A man scheduled for gallbladder removal had part of his colon mistakenly resected. The error caused internal bleeding and a lengthy recovery.

• Anesthesia Overdose: During outpatient surgery, a child was given an improper dosage of anesthesia and suffered permanent brain damage due to oxygen deprivation.

Proving a Surgical Malpractice Case in Illinois

To succeed in a claim, the following elements must be shown:

1. A doctor-patient relationship existed.

2. The provider breached the standard of care during surgery or recovery.

3. That breach caused injury or death.

4. The injury led to severe and permanent damages, such as medical costs, lost income, or pain and suffering.

Expert witness testimony is typically required to establish the accepted medical standard and demonstrate how it was violated.

Illinois Statute of Limitations for Surgical Malpractice

According to Illinois law (735 ILCS 5/13-212):

• Adult victims of surgical malpractice generally have 2 years from the date of discovery of the injury and that it was wrongfully caused.

• Claims must be filed no later than 4 years from the date of the surgery.

• Minor patients have more time—up to eight years after the surgical injury.

Why Choose Hurley McKenna & Mertz for a Surgical Malpractice Case?

At Hurley McKenna & Mertz, P.C., we’ve handled some of the most complex surgical malpractice cases in Chicago. Whether the error occurred in a hospital, surgical center, or emergency room, we hold negligent providers accountable.

Our team collaborates with board-certified surgeons, anesthesiologists, and forensic investigators to build compelling cases and fight for maximum compensation.

Contact a Chicago Surgical Malpractice Attorney Today

If you or someone you love has been harmed by a surgical error, contact Hurley McKenna & Mertz, P.C. for a free consultation. We are ready to help you understand your rights and fight for justice.

Serving clients across Cook County, DuPage County, Lake County, and throughout Illinois.