San Antonio Surgical Error Attorney

All doctors take an oath to “do no harm.” Even still, patient safety is compromised at the hands of medical professionals every day in the United States. In fact, a recent study claims that Americans spend a grand total of $20 billion every year just for medical errors. Additionally, medical errors result in more than 100,000 deaths every year. Tragically, many of these medical errors occur in the operating room. If you or someone you love has suffered major health complications from a mistake in the operating room, you need a San Antonio surgical error attorney to fight for your justice.

Our law firm can help you recover maximum financial compensation through a surgical error lawsuit. Call us today at 210-366-4949 to schedule a free consultation.

Surgical Error Attorney

What is a Surgical Error?

A surgical error is a form of medical malpractice that occurs when a surgeon makes a mistake during the surgical process that could have been prevented. Patients may or may not suffer complications from surgical mistakes, depending on what kind of mistake occurred and the severity of the mistake.

What is Informed Consent?

All surgeries come with health risks. Depending on the surgery, many risks are expected and unpreventable, even with a world-class surgeon. That’s why all patients have to sign an “informed consent” form which states that your surgeon has informed you of the risks of your surgery, but you still want to proceed anyway.

So informed consent is a medical ethics principle that states that patients should be able to make free, informed decisions about their healthcare. This means that patients should be informed of both the risks and benefits before undergoing a treatment or procedure.

Surgical errors aren’t included in the known risks associated with a surgical procedure because in most cases, they are completely preventable and unexpected.

How Many Surgical Errors Occur in the U.S. Every Year?

Surgeons perform approximately 50 million surgeries in the U.S. every year. Of these surgeries, approximately 4,000 surgical errors occur, with operating on the wrong body part being one of the most common types of surgical errors.

While many medical errors in general tend to be reduced to human error, this is not always the case. As modern medicine becomes more technically advanced, there are more and more robots helping surgeons in the operating room. Robotic assistance during surgical procedures is thought to be safer and more accurate. However, a study claims that robotic surgery can actually increase a patient’s chances of accidental hemorrhage.

Examples of Surgical Errors

Common surgical errors include:

  • Performing surgery on the wrong part of the patient’s body (AKA: wrong site surgery). In many medical malpractice cases, this means that the surgeon performed surgery on the wrong side of the patient’s body.
  • Performing surgery on the wrong patient (AKA: wrong patient surgery).
  • Leaving foreign objects and other equipment inside the patient’s body.
  • Giving the patient too much or too little anesthesia which results in major health complications or anesthesia awareness.
  • Failing to properly sanitize surgical instruments before a procedure.
  • Failing to properly scrub in before a procedure.
  • Performing the wrong procedure on a patient.
  • Injuring a major nerve, muscle, tendon, or organ during a surgical procedure.
  • Performing a completely unnecessary surgery on a patient due to misdiagnosis or negligence.
  • Using the wrong surgical instruments during a surgical procedure.
  • Failing to inform the patient of possible risks associated with a surgery or surgical technique.
  • Failing to provide the patient with prophylactic antibiotics in order to prevent a hospital acquired infection.

Complications from Surgical Errors

Patients can suffer a wide variety of injuries and complications depending on the type of surgery and surgical error they endured. Complications from surgical errors can include:

  • Infection
  • Hemorrhage
  • Symptoms of anesthesia overdose
  • Nerve, muscle, tendon, or organ damage
  • Partial or total paralysis
  • Unnecessary amputation
  • Unnecessary removal of an essential organ
  • A traumatic brain injury (TBI) due to lack of oxygen during surgery
  • Repeat surgery to fix the surgical injury or infection
  • Permanent scarring or disfigurement
  • PTSD from enduring a medical malpractice incident

Why Do Surgical Errors Happen?

Surgeons are humans, and all humans are naturally subject to human error. That being said, many surgical error cases are blatant examples of violated standard of care. In other words, most medical errors that occur during surgery just should not happen, yet they often do because of the following reasons:

Communication between all medical professionals before, during, and after surgery is crucial in order to avoid mistakes. Lack of communication could result in marking the wrong body part, administering the wrong anesthesia (or not administering the correct anesthesia dosage), receiving the wrong surgical equipment, receiving the wrong medical record or test results before surgery, etc. Every medical professional must be on the same page before a patient is open on the table.

A surgeon must be prepared to perform a procedure a certain way. Additionally, they must be prepared for any complications that could occur while the patient is open on the table. This means that they should review the patient’s test results and medical records before surgery. Additionally, they should ensure that they have a specific plan for how they are going to perform the surgery. Lastly, they should prepare to have the correct surgical tools and surgical assistants during a procedure. Showing up to a surgery and just “winging it” could result in a life-threatening medical error.

A successful surgeon is created through lots of skill and lots of experience. Surgeons who aren’t very skilled or who don’t have much experience in performing a specific type of surgery could certainly compromise patient safety. For example, a plastic surgeon may have plenty of skill and experience in performing all sorts of breast surgeries. But that doesn’t mean that the same plastic surgeon has just as much skill or experience in performing rhinoplasties. Therefore, a patient could receive a botched nose job that not only creates severe aesthetic issues, but also creates severe breathing issues.

Every single health care professional works incredibly long hours. Long hours lead to lack of sleep and, therefore, chronic stress. It’s so easy to make mistakes and just not think clearly when you’re tired and stressed. Unfortunately, both fatigue and stress can lead to mistakes in the operating room.

In order to cope with the chronic stress and fatigue of working long hours and seeing medical horrors on a first-hand basis, some doctors turn to drugs and alcohol. If a surgeon, surgical assistant, or anesthesiologist performs their duties while intoxicated, they could definitely make a mistake. While it seems like common sense to never operate on a patient with drugs or alcohol in your system, it does happen.

General carelessness from any health care professional before, during, and after a surgery could result in medical malpractice. Examples include leaving a foreign object inside the body, operating on the wrong person or the wrong body part, failing to properly scrub in, etc.

Some surgeries can last upwards of 8 hours. This is physically and mentally exhausting for everyone involved. A surgeon may try to take shortcuts during a procedure in order to finish up quicker. This can result in life-threatening complications.

Surgical Error Attorney San Antonio

Preventing Surgical Errors

Most surgical error cases are entirely preventable. In order to prioritize patient care during surgery, many hospitals have implemented a variety of surgical checklists and guidelines.

For example, many surgical teams are required to pause before administering anesthesia and making an incision. During this pause, the surgical team must verify the patient’s identity, the patient’s medical condition, the procedure that the patient is undergoing, and the patient’s surgical site. Implementing a checklist like this can be crucial in preventing wrong site surgery or wrong person surgery.

Before closing the patient, the surgeon performing the procedure must count all the sponges and instruments to ensure that no foreign objects are left inside the body. The surgical team must also ensure that the patient is stable and that whatever specimen was removed from the body is properly labeled.

Other preventative measures that medical teams should take is having appropriate staffing, prioritizing communication with the patient and with each other, reviewing a patient’s test results and medical records before a procedure, and ensuring that the patient has given informed consent.

How to Prove Medical Malpractice Claims

All medical malpractice claims are based on the legal theory of negligence. So in order to prove that medical malpractice occurred, patients must prove the 4 D’s of negligence.

  • Duty of Care: All surgeons owe their patients a specific duty of care, also known as the medical standard of care.
  • Duty Dereliction: The surgeon failed to provide the proper medical standard of care by operating in the wrong location or on the wrong patient, causing one or more preventable injuries during surgery, performing the wrong procedure, etc.
  • Direct Cause: The patient suffered health complications or injuries as a direct result of the surgeon’s medical error.
  • Damages: The patient suffered numerous non-economic and economic damages for which they should receive maximum financial compensation.

Proving all these elements of negligence can be a difficult feat, especially without experienced legal counsel. The San Antonio medical malpractice attorneys at Janicek Law can help injured patients gather sufficient evidence to prove that a surgical error occurred.

Damages for Surgical Errors

Injured patients could recover financial compensation for the following types of damages in a medical malpractice lawsuit:

  • Past and future medical bills
  • Past and future rehabilitative bills
  • Expenses associated with necessary medical equipment such as wheelchairs, prosthetics, etc.
  • Caregiving expenses if the injured patient is partially or fully disabled from the surgical error
  • Lost wages
  • Loss of earning capacity, if the patient suffered a permanent injury that will prevent them from fulfilling their previous job duties
  • Physical pain and suffering
  • Emotional anguish
  • Loss of consortium
  • Permanent disfigurement and disability
  • Counseling costs associated with emotional anguish and/or PTSD
  • Funeral and burial expenses if the surgical error resulted in wrongful death

How a San Antonio Surgical Error Attorney Can Help You

A San Antonio surgical error attorney can help an injured patient by:

  • Listening to their story and helping them determine the best course of action, even if that means filing a lawsuit
  • Walking them through the entire legal process
  • Hiring experienced medical experts to assist with the legal and medical investigation
  • Gathering sufficient evidence to prove that medical negligence occurred before, during, or after their surgery
  • Protecting their rights throughout the entire legal process
  • Fighting for maximum financial compensation for their damages
San Antonio Surgical Error Attorney

Call a San Antonio Surgical Error Attorney at Janicek Law Today

If you suffered a major health complication due to surgical errors, you may have grounds to file a surgical error lawsuit. Lawsuits of any kind are stressful and confusing, which is why you need a top-notch surgical error attorney on your side. The legal team at Janicek Law has decades of combined experience in litigating medical malpractice cases. Our law firm recognizes that no amount of financial compensation can take away the physical and mental pain caused by your negligent surgeon. But still, appropriate financial compensation can take away many of the financial burdens caused by a life-threatening medical error. Allow a San Antonio medical malpractice attorney to help you obtain the justice you deserve. Call 210-366-4949 today to schedule a free case evaluation.

Multi-Million Dollar Results For Over 30 Years

Schedule a Free Consultation

Google
Geordai Lynai profile picture
Geordai Lynai
13 November 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Everyone at Janciek Law was absolutely incredible. Gabby was so sweet, helpful and reliable and I felt comfortable putting my family’s case in Andrew Skemp’s hands. They were honest and knowledgeable and went above and beyond for me and my family at a time when it felt like there was no hope. Each process was explained in detail, we were involved in every decision; they would follow up and inform us of each process and we ultimately got the best outcome for our case. Me and my family are more than grateful and appreciative for this experience, and we’ll be clients for life.
Google
Francisco Gutierrez Garcia profile picture
Francisco Gutierrez Garcia
13 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I really appreciate everything you did for us.
Google
Victoria Nixon profile picture
Victoria Nixon
13 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I lost my mother due to the hands of the hospital in Corpus Christi and I contacted this Law Firm which went above and beyond for me they stayed in contact they were professional, compassionate, and understanding. Thank you so much Janicek Law and a special thank you to Andrew Skemp Heidi and Gabby. thank you for all that you did and all that you do.
Google
Caroline Hutton profile picture
Caroline Hutton
11 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Having a truck and trailer rear end me on a highway in 2024 started the toughest season of my life. After countless hours of doctor's appointment, PT, injections, two surgeries, and more, no amount of money could give me that time or season of my life back. But I appreciate that Jacy and Nyssa's hard work to recoup the costs and get money for future costs so I can move forward. I couldn't have gotten through it all without them! And I appreciate the team approach at Janicek. Beth, Phil and I'm even more that I didn't personally interact, were in it with me.
Google
Carmen profile picture
Carmen
8 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great communication and follow through. Professional, kind, and caring individuals.
Google
Yvette Ramirez profile picture
Yvette Ramirez
1 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Andrew Skemp and Gabby his assistant are the best. Very knowledgeable and were amazing in my case. I am very pleased and thankful of the outcome. If I could give more stars I would. I extremely and highly recommend them.
Google
Natasha Garza profile picture
Natasha Garza
31 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
Google
Alex McWhirter profile picture
Alex McWhirter
18 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
Google
Heidi Soto profile picture
Heidi Soto
8 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
Google
Lucy profile picture
Lucy
30 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
es_MXEspañol de México

We’re always looking for ways to improve.
Please let us know how we did.