Surgery is often performed to improve health, relieve pain, or save lives. Patients trust surgeons, anesthesiologists, nurses, and hospitals to follow accepted medical standards. When preventable mistakes occur in the operating room or during post-operative care, the consequences can be devastating.
If you’ve suffered harm due to surgical errors Illinois patients sometimes experience, you may have a medical malpractice claim. Illinois law provides a legal framework for holding negligent healthcare providers accountable.
Below is a detailed overview of surgical malpractice claims in Illinois and the legal requirements involved.
What Is Medical Malpractice in a Surgical Context?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes injury to a patient. In surgical cases, this often involves mistakes made before, during, or after an operation.
To learn more about how malpractice is established, see:
Proving Medical Malpractice in Illinois.
Common Types of Surgical Errors
Wrong-Site Surgery
Operating on the wrong body part, wrong side, or wrong patient is a serious “never event” that should not occur under proper surgical protocols.
Retained Surgical Instruments
Sponges, clamps, or other instruments left inside a patient can cause infection, pain, and the need for additional surgery.
Anesthesia Errors
Errors involving anesthesia may include:
- Improper dosage
- Failure to monitor vital signs
- Allergic reaction mismanagement
Anesthesia mistakes can result in brain damage or death.
Nerve Damage
Improper surgical technique may cause permanent nerve injury, resulting in chronic pain or loss of function.
Surgical Infections
Failure to follow sterilization procedures or monitor for infection can lead to serious complications.
Post-Operative Negligence
Neglecting proper follow-up care, failing to respond to complications, or discharging a patient prematurely may constitute malpractice.
The Standard of Care for Surgeons
In Illinois, surgeons must meet the “standard of care,” meaning the level of skill and care that a reasonably qualified medical professional would provide under similar circumstances.
A poor outcome alone does not establish malpractice. The patient must show that the surgeon deviated from accepted medical practice and that the deviation caused reasonably foreseeable harm.
Informed Consent
Illinois law requires healthcare providers to obtain informed consent before performing surgery. This means the patient must be informed of:
- The nature of the procedure
- The risks and benefits
- Reasonable alternatives
If a surgeon fails to obtain informed consent and the patient suffers harm from a risk they were not told about, a malpractice claim may arise.
Proving Surgical Malpractice
To succeed in a surgical malpractice claim, you must typically prove:
- The surgeon owed you a duty of care
- The surgeon breached the standard of care
- The breach caused your injury
- You suffered compensable harm
For more detailed information about proving malpractice, visit:
Proving Medical Malpractice in Illinois.
Certificate of Merit Requirement (735 ILCS 5/2-622)
Illinois law requires a “certificate of merit” in medical malpractice cases under 735 ILCS 5/2-622.
Before filing a lawsuit, the plaintiff’s attorney must:
- Consult with a qualified healthcare professional
- Obtain a written report stating there is a reasonable and meritorious basis for the claim
This requirement ensures that medical malpractice claims are supported by expert review.
The Role of Expert Testimony
Expert testimony is essential in surgical malpractice cases. A qualified medical expert must explain:
- The applicable standard of care
- How the provider deviated from that standard
- How the deviation caused the patient’s injuries
Statute of Limitations and Repose
Two-Year Discovery Rule (735 ILCS 5/13-212)
Under 735 ILCS 5/13-212, most medical malpractice claims must be filed within two years from the date the injury was discovered or reasonably should have been discovered.
Four-Year Statute of Repose (735 ILCS 5/13-212(a))
Regardless of discovery, no action may generally be filed more than four years after the date of the alleged malpractice, subject to limited exceptions.
These deadlines are strict and require prompt legal evaluation.
Damages Available in Surgical Malpractice Cases
Victims of surgical errors Illinois courts recognize may recover:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Disfigurement
- Loss of normal life
Illinois does not impose a statutory cap on most medical malpractice damages.
Related Medical Malpractice Issues
Surgical errors may overlap with other forms of malpractice, including misdiagnosis.
For more information, see:
Misdiagnosis and Delayed Diagnosis in Illinois.
Frequently Asked Questions
What qualifies as a surgical error?
Any deviation from the accepted standard of surgical care that causes harm may qualify, including wrong-site surgery, retained instruments, and anesthesia errors.
What is a certificate of merit?
It is a written statement from a qualified healthcare professional confirming that a reasonable basis exists for the malpractice claim.
How long do I have to file a surgical malpractice lawsuit?
Generally two years from discovery of the injury, but no more than four years from the date of the malpractice.
Do I need expert testimony?
Yes. Expert testimony is typically required to establish the standard of care and causation.
Contact Parker & Parker Attorneys at Law
If you believe you or a loved one has suffered harm due to surgical errors Illinois law may provide a path toward accountability and compensation.
Parker & Parker Attorneys at Law represents patients and families throughout Peoria and Central Illinois in medical malpractice claims.
Learn more about your legal options on our
Medical Malpractice page.
Parker & Parker Attorneys at Law
300 NE Perry Ave
Peoria, IL 61603
Phone: 309-673-0069
Contact us today to discuss your case.