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Who Is At Fault For A Surgical Error?

If you have suffered injuries as a result of a surgical error, you must first figure out who was at fault.

If you have suffered injuries as a result of a surgical error, the first thing you need to do is figure out who is at fault. Though it may seem logical to point the blame to the surgeon, they are not always directly at fault for surgical errors. Here is how to know who is at fault for a surgical error.


The anesthesiologist plays a really important part in surgery, making sure that the patient stays asleep or disoriented throughout, as well as making sure their vitals are stable as well. One wrong dosage and significant injuries or even death can occur. In addition, if the anesthesiologist fails to communicate any changes in the patient’s vitals to the surgeon, then they can be at fault if that directly led to the error.


The surgeon is at fault for a surgical error if their negligence alone resulted in the error and possible injuries to the patient. If the surgeon decides to try and take a shortcut during your surgery and it leads to error, they are to blame. They can also be at fault if they were simply incompetent, meaning they lacked the proper skills to perform that specific surgery and decided to do so anyway. Failure to communicate with the nurses or simply neglecting to be as careful as they should be can result in the surgeon being at fault. Most times, pre-planned surgeries that result in error fall on the surgeon, with a few exceptions.


It isn’t very common for the hospital itself to be responsible for a surgical error, but it is possible still. For pre-planned surgeries, hospitals typically have contracts with their surgeons that limits their liability if an error does occur. However, if the error resulted from something like faulty equipment, then it is on the hospital. For emergency surgeries, it is more likely for the blame to be placed on the hospital. This is because most surgeons working in the ER are employees of the hospital (rather than independent contractors which is common). When you enter the ER, everything used to assist in saving your life belongs to the hospital, so it’s their responsibility.

Have You Or Your Loved One Suffered Injuries From A Surgical Error? Contact The Snyder Law Group Today

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Give us a call at (410)-843-3476 for a free case evaluation. You can also visit our website and follow us on Facebook, Twitter, Google +, and LinkedIn for more information.

Call 410-THE-FIRM. Don't just sue them. SNYDER THEM

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