Common Surgical Errors That Lead to Malpractice Lawsuits in Louisiana
MGM Attorneys • June 27, 2025

Surgery is meant to heal—not harm—but when something goes wrong in the operating room, the results can be devastating. Patients trust their surgical team to follow protocols and act with care. But preventable mistakes still happen, and they’re more common than most people realize.


These aren’t rare complications; they’re serious errors caused by lapses in judgment, poor communication, or negligence. The consequences can include permanent injury, chronic pain, or the need for additional surgery.


Not every bad outcome is malpractice, but if a surgeon fails to meet the standard of care and causes harm, you may have a legal case. Understanding what qualifies as a surgical error in Louisiana is the first step. Below are some of the most common surgical mistakes that lead to malpractice lawsuits.

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1. Wrong-Site Surgery

Wrong-site surgery—operating on the wrong body part—is one of the most shocking and avoidable medical errors. Despite protocols like confirming patient identity, marking the surgical site, and taking a pre-op time-out to verify details with the surgical team, these mistakes still happen due to rushed procedures, miscommunication, or staff turnover.


Whether it’s operating on the wrong limb or removing a healthy organ, these errors are never medically justified and can cause lasting physical and emotional harm. In most cases, wrong-site surgery is a clear act of negligence.


2. Foreign Objects Left Inside the Body

It may sound like a TV drama, but leaving surgical items—like sponges, clamps, or tools—inside a patient’s body is a real and surprisingly common error. Patients often don’t realize what’s happened until days, weeks, or even months later, when they begin experiencing unexplained pain, swelling, fever, or signs of infection.


This type of error is almost always considered clear-cut medical negligence. Hospitals and surgical teams are required to follow strict protocols for counting instruments and materials before, during, and after surgery. Failure to do so is an inexcusable breach of duty.


In legal terms, this is often referred to as a never event—a term used in healthcare to describe mistakes that are so preventable, they should never happen under any circumstances. As a result, malpractice claims involving retained foreign objects are typically strong cases with a high chance of success, especially when documentation and expert testimony confirm the oversight.


3. Anesthesia Errors

Anesthesia is one of the riskiest parts of surgery, requiring extreme precision. While the surgeon operates, the anesthesiologist is responsible for keeping the patient unconscious, stable, and safe. When mistakes happen—whether it’s the wrong dosage, poor monitoring, or a delayed response—the consequences can be severe or even fatal.


Too much anesthesia can cause brain damage or death; too little can lead to anesthesia awareness, where the patient wakes up during surgery but can’t move or speak. These errors can also result in strokes, heart attacks, nerve damage, or long-term psychological trauma.


Because of the high risk, anesthesiologists are held to a strict standard of care. When that standard is breached, it may be considered clear medical negligence.


4. Unnecessary Surgery

Not all surgeries are medically necessary, and when one is performed without clear justification, it can cause serious harm. Unnecessary procedures may result from misdiagnosis, poor judgment, failure to try less invasive treatments, or even financial pressure.


These surgeries expose patients to avoidable risks like infection, internal damage, and long-term pain. Common examples include removing healthy organs, performing spine surgery for minor pain, or recommending joint replacements without exploring other options.


Beyond the physical impact, patients often feel betrayed or traumatized after enduring a procedure they never truly needed. In such cases, unnecessary surgery may be grounds for a malpractice claim.


When a Surgical Error Becomes a Legal Case

Not every bad surgical outcome is malpractice, but when a surgeon or hospital fails to meet the accepted standard of care and it results in harm, you may have legal grounds for compensation.


A successful medical malpractice lawsuit can help cover:

  • Medical bills and ongoing care
  • Lost wages or earning potential
  • Pain and suffering
  • Disability or disfigurement


Talk to a Louisiana Medical Malpractice Attorney Today

If you suspect a surgical error caused your injury or a loved one’s suffering, don’t wait. These cases are complex, and in Louisiana, you typically have just one year to file a medical malpractice claim.


At MGM Injury Attorneys, we’ve helped patients across Louisiana hold negligent providers accountable. We’re here to listen, investigate, and fight for the compensation you deserve.

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