Surgical errors lead to long-term disability in many situations, for example, via wrong-site surgery, wrong-patient surgery, retained foreign objects, and nerve damage. Errors related to anesthesia and before and after surgery can all lead to long-term disability, too. In Chicago and elsewhere, these errors typically stem from preventable systemic problems. There is no excuse for any of it.
Table of Contents
Call Ankin Law today at 312-600-0000 for a free consultation and learn how we can help you move forward after a surgical error.
Can You Sue for Disability After a Botched Surgery in Illinois?
If a surgical error has caused long-term disability, you may be able to sue under Illinois’s medical malpractice laws. Plaintiffs need to prove several aspects of a claim.
- Violation of the standard of care: This shows that a medical professional failed to act as a competent peer would under similar circumstances.
- Causation: This shows that the negligence directly caused your injuries or disability.
- Damages: These include proof of physical, financial, and/or emotional harm from the surgical error.
How long you have to sue depends on the particulars of your case. Most people have two to four years. Acting as quickly as possible to get legal advice about your deadlines is important.
Damages can be economic, such as medical expenses, rehabilitation, lost wages, and lost earning capacity. In May 2024, the average mean hourly wage in the Chicago area was $34.42.
Damages can also be noneconomic, such as pain and suffering, loss of consortium, and emotional distress. In rare and particularly egregious cases, the court may award punitive damages.
When surgical errors lead to long-term disability, this can be devastating to recover from, especially if you have to worry about paying legal fees at the same time. Fortunately, most medical malpractice lawyers in Illinois, including a surgical error lawyer, work on a contingency fee basis. You pay nothing upfront. The lawyer collects a percentage of any compensation you recover. This structure makes legal help accessible to people who suffer disabling surgical mistakes.
Common Surgical Errors That Lead to Long-Term Disability in Illinois
Understanding the common types of surgical errors should reduce, or even eliminate them, yet they persist year after year. Long-term disability from surgical mistakes really should never happen.
Most errors are “never events.” They should never happen because hospitals and surgical teams have well-established safety protocols such as presurgical checklists, labeling of charts and equipment, and standardized communication among staff. The prevalence of “never event” surgical error is no doubt vastly underreported.
Wrong-Site Surgery
Wrong-site surgery happens when a surgeon operates on the wrong part of the body, for example, performing a procedure on the left kidney instead of the right. Communication issues, improper verification, and incorrect surgical site marking can cause wrong-site surgery.
Wrong-Patient Surgery
Wrong-patient surgery may occur after administrative mistakes, patient misidentification, or inadequate verification. The mistake leads to a person getting a surgery intended for someone else.
Retained Surgical Instruments or Foreign Objects
Soft objects (sponges, gauze, and towels, among others) and hard objects (needles, blades, instruments, and wires, among others) may be left inside a patient after a surgery. Rushing through procedures and miscounting can contribute to these mistakes, as can surgeons and personnel not trained for certain complex procedures.
Symptoms of a foreign object inside the body after surgery include localized pain, difficulty breathing, headaches, and swollen lymph nodes. Sepsis and death are possible outcomes in some cases.
Damage to Nerves, Organs, or Blood Vessels
A surgeon may lack precision, misjudge anatomical structures, or improperly position a patient. Severing or compressing nerves can lead to chronic pain, numbness, or loss of mobility, while accidental damage to organs or blood vessels may cause internal bleeding, infection, or organ failure. In many cases, the result is long-term disability that permanently reduces a patient’s quality of life and ability to work or live independently.
Inadequate Monitoring During Surgery or Recovery
Failure to monitor or respond to post-surgical complications can be deadly, as too many families have discovered. Inadequate monitoring can occur when medical staff fail to properly track a patient’s vital signs, anesthesia levels, or post-operative condition. Thus, staffers may not recognize in time that complications have developed. Patients may suffer unnecessary internal bleeding, oxygen deprivation, or infection, leading to long-term disability from surgical mistakes.
Preoperative Assessment
A surgeon or medical team may overlook a patient’s medical history, allergies, medications, or underlying conditions that increase surgical risk. Mistakes at this stage can lead to anesthesia complications, unexpected bleeding, or organ injury.
Anesthesia Mistakes
The anesthesiologist may give the patient too much or too little anesthesia, fail to monitor vital signs properly, or not recognize a patient’s reactions during surgery. Such mistakes can lead to brain damage, nerve injury, heart complications, or other long-term disabilities.
Proving Medical Malpractice in Chicago Surgical Error Cases
There is no doubt that medical malpractice causes disability in many cases. However, assessing claims is complicated. A medical malpractice lawyer can help in many ways:
- Coordinate and fund expert reviews and medical investigations.
- Evaluate liability across multiple parties: Surgeons, anesthesiologists, nurses, hospitals, and device manufacturers, to name a few.
- Manage filings, Affidavit of Merit, and legal documentation.
- Handle negotiations or courtroom representation, typically on a contingency basis.
Establish the Standard of Care and the Breach
To prove malpractice, your surgical error attorney needs to show that the healthcare professional deviated from accepted medical standards. Expert witnesses, often surgeons or medical specialists, can explain what a competent peer would have done and how the defendant did not meet that standard.
Show Causation (Link the Error to the Injury)
The other side may argue that underlying conditions or other factors caused the complications. Medical records, surgical reports, and expert testimony can show causation.
Document Damages
You must show economic losses after surgical errors lead to long-term disability. For example, keep all invoices from hospitals, clinics, and doctors. Include receipts for medications, imaging (X-rays, MRIs), and lab tests. Include documentation of reduced earning capacity.
Also important are noneconomic damages. You can document these in several ways. One is to keep a pain journal describing daily pain levels, medication usage, and limitations. Save records of counseling or psychiatric treatment. Get testimony or statements from your spouse or partner about the loss of companionship, affection, or support.
Follow Illinois-Specific Legal Requirements
Various timelines govern how much time you have to file. For example, the two-year statute of limitations may apply, or you may have four years. You could have even longer, depending on your circumstances. Your attorney can clarify your deadlines and ensure you meet them.
You must attach an Affidavit of Merit when you file the lawsuit (or within 90 days). A qualified medical professional signs it, affirming your case has merit.
The collateral source rule applies when surgical errors lead to long-term disability. It protects victims of surgical errors or medical malpractice by ensuring they receive full compensation for their injuries, even if another source, such as health insurance, disability benefits, or workers’ compensation, has reimbursed them. The aim is to not penalize victims for taking reasonable steps to cover their medical costs.
It is stressful, confusing, and devastating when surgical errors lead to long-term disability. Contact us at Ankin Law to talk about what happened to you.
