When post-op negligence turns fatal, medical providers who failed to provide the expected standard of care can be held liable. This includes doctors, nurses, other healthcare professionals, and even hospitals and surgical centers. Understanding your legal options after the loss of a loved one is critical—especially if medical malpractice or wrongful death may have occurred. Families affected by fatal surgical errors or inadequate post-operative care may be entitled to compensation through a wrongful death claim.
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A medical malpractice attorney at Ankin Law in Chicago can help you determine whether negligence played a role in your loved one’s death and guide you through the legal process to hold the responsible parties accountable. Call 312-600-0000 now.
How Post-Operative Negligence Can Lead to Fatal Complications
Post-operative negligence can result in a wide range of fatal complications if patients do not receive proper monitoring, timely intervention, or appropriate follow-up care. Common examples include undetected internal bleeding, untreated infections, blood clots, or adverse reactions to medications. In some cases, hospital staff may overlook critical warning signs of common complications after surgery, such as changes in vital signs or worsening symptoms. When post-surgical care falls below the accepted medical standard, patients are left vulnerable to preventable injuries or death. Complications that could lead to death include:
Bleeding
Bleeding is one of the most serious risks after a surgery. If excessive bleeding goes undetected or unmanaged, it could lead to hypovolemic shock, organ failure, and death. Medical professionals have the responsibility to monitor various indicators of bleeding, such as vital signs and drainage outputs.
Infections
Post-operative patients are vulnerable to infections, and inadequate care, an unsanitary environment, or improper wound treatment can heighten the risk of getting an infection. Not giving prophylactic (preventive or protective) antibiotics is one way in which inadequate care may give rise to infections.
If medical personnel fail to identify and treat infections quickly, the life-threatening condition sepsis could result. Sepsis occurs when the body overreacts to an infection.
Anesthesia Complications
Anesthesia can continue to pose risks after an operation. For example, respiratory depression or airway obstruction may occur. The pain medications given to patients after surgery can further slow respiration, and some patients with preexisting conditions are more vulnerable to respiratory depression after a surgical procedure.
Airway obstruction could be an issue because lingering anesthetic effects may keep muscle tone relaxed. A person’s tongue or soft tissues in the throat could collapse and block the airway.
Throat swelling, nausea, and vomiting are other anesthesia side effects that can lead to fatal outcomes if proper identification and management do not occur. Medical personnel should monitor patients’ oxygen levels, breathing, and airways after surgery to prevent fatal complications.
Blood Clots
Blood clots can be a serious risk after surgery. Clots in the legs (deep vein thrombosis) tend to be especially bad. Clots that travel to the lungs could cause pulmonary embolisms, and these are often fatal. Proper post-operative care includes measures to prevent clot formation, as well as strict monitoring for signs of clotting.
Medical professionals should encourage patients to move as soon as possible after surgery to get blood circulating and reduce the risk of DVT. Not using compression devices and blood thinners could constitute negligence, depending on the particulars of a case. Proper hydration also may help prevent blood from becoming too thick and clotting.
Providers should assess postsurgical patients for symptoms of clots, which include leg swelling, redness, warmth, or pain. Meanwhile, chest pain or shortness of breath could point to a pulmonary embolism and the need for immediate intervention.
Complications From Negligence
Approximately 1.8% of people 45 and older die within 30 days of having surgery.
It can be tricky to tell the difference between non-preventable post-surgical complications and those that result from post-op negligence. For example, severe pain is frequently an indicator of problems like infections, nerve damage, or internal bleeding. Knowing how much nerve pain is normal after surgery can help medical professionals identify life-threatening conditions. Taking action when pain is abnormal, by running specific tests or otherwise searching for the cause and providing treatment, is likely meeting the standard of care. Ignoring severe pain that can signify post-op complications could be considered negligence.
Getting Second Opinions if You Suspect Malpractice
Can I get a second opinion if I suspect medical malpractice? You definitely can and should.
In fatal cases, an independent autopsy performed by a forensic pathologist may prove insightful. Otherwise, you could seek second opinions from medical malpractice experts and board-certified physicians in the same field as the doctor who treated the patient. Be transparent with the person you are seeking a second opinion from, and get as many medical records, surgical reports, and lab results as you can to help the person make determinations.
If you are unsure where to start with getting second opinions, a medical malpractice attorney can help with obtaining second opinions and determining if you have grounds for a wrongful death lawsuit.
Who Can Be Held Liable for a Wrongful Death After Surgery?
It is possible for several parties to be held liable for a wrongful death after surgery under Illinois law.
Surgeons and Operating Physicians
Surgeons, anesthesiologists, and other physicians involved in the surgery don’t typically handle the day-to-day monitoring of patients, but they still may be liable in many ways. For instance, they must set clear guidelines for post-operative monitoring and prescribe medications to prevent or manage complications that could turn fatal.
Nurses and Medical Staff
Nurses and medical professionals who perform day-to-day monitoring and care of patients after surgery may be held liable if they don’t properly monitor vital signs, follow post-operative protocols, or communicate well with doctors about a patient’s condition.
Hospitals and Medical Facilities
Patients expect hospitals to employ competent staff, to set and follow proper protocols, and to have sanitary conditions. Facilities can be held liable in cases of understaffing, insufficient equipment, or unhygienic conditions that contributed to a patient’s death.
How a Medical Malpractice Lawyer Can Help With Your Case in Chicago
A medical malpractice attorney plays a key role in helping families pursue justice after a fatal post-operative error. These attorneys are more familiar with the complex legal and medical issues involved in post-surgical negligence cases and can gather the evidence needed to prove liability. They work with medical experts to review hospital records, identify deviations from the standard of care, and determine whether the death could have been prevented. A Chicago wrongful death lawyer can also help calculate damages, negotiate with insurance companies, and represent your family in court if necessary.
Additionally, a surgical error lawyer stays on top of legal requirements and deadlines.
Beyond the legal aspects, medical malpractice lawyers see the emotional toll of deaths on families. These lawyers provide support, answer questions, and guide families as they seek justice.
Determining If Post-Op Negligence Caused a Fatality
Part of an attorney’s investigation is figuring out whether post-op negligence caused a fatality, rather than something that happened during or before surgery. A thorough analysis of medical records, including pre-operative notes, surgical reports, and post-op notes, should offer insight into the care provided in each stage.
Moreover, certain untreated complications that show up on autopsy reports or other documents indicate post-surgical negligence rather than surgical or pre-existing issues. They include:
- Internal bleeding, blood clots, or shock (failure to properly monitor post-operative bleeding or complications causing death)
- Sepsis (severe infection due to poor wound care)
- Undetected aspiration pneumonia or opioid-induced respiratory depression
- Pulmonary embolism from undiagnosed deep vein thrombosis
An attorney also looks at the timeline. For example, if complications arise right after surgery (within minutes or hours), the issue may have originated during the procedure. However, signs of distress such as increasing pain or breathing difficulties in the days or weeks after surgery may indicate post-op complications that were not treated correctly.
Attorneys consult with medical experts to get their insight into whether post-op negligence contributed to the death. It is true that many patients undergo surgery when they are in poor health. Preexisting conditions can play a role in their deaths, but post-operative care is still necessary to prevent further harm. The fact that fatal complications are not normal after surgery is one that bears repeating.
If post-op negligence caused your loved one’s death, Ankin Law can help. Contact us today for a free consultation.
