What Are the Most Common Types of Surgical Malpractice?

 Posted on March 13, 2026 in Medical Malpractice

Surgery always comes with some level of risk. Most people who need surgery are willing to accept that their scar might not heal aesthetically or that they’ll experience some numbness in the area afterwards. Sometimes, though, additional, preventable damage is done to the patient during or after surgery. These aren’t an inherent part of the process; they’re mistakes. The patient didn’t agree to them, and the patient shouldn’t have to just live with the fallout.

You may be wondering if you yourself have a surgical malpractice case. An Upper Marlboro medical malpractice attorney can help you understand if you’re experiencing the expected post-surgery discomfort or unintended damages after your surgery.

What Counts as Surgical Malpractice in Maryland?

Medical malpractice claims are governed by Maryland Code, Courts and Judicial Proceedings Section 3-2A. Medical malpractice is when a medical professional fails to meet the accepted standard of care, and that failure causes harm to the patient. "The standard of care" in the case of surgical malpractice is what a trained surgeon or member of the surgical team in the same situation would do.

Not every bad outcome is malpractice, but when a preventable mistake causes injury, the patient may have a legal claim.

What Are the Most Common Surgical Errors?

Surgical mistakes can take many forms. Some happen in the operating room; others happen before or after surgery.

Wrong-Site, Wrong-Patient, and Wrong-Procedure Errors

These are among the most serious and preventable surgical mistakes. A surgeon might operate on the wrong knee, remove the wrong organ, or perform the wrong procedure entirely. The medical community calls these "never events" because they should never happen when proper protocols are followed.

Anesthesia Errors

Errors with anesthesia meant to keep patients unconscious can cause serious harm, including:

• Giving too much or too little anesthesia
• Failing to review a patient's allergies or medications beforehand
• Not monitoring the patient properly during surgery
• Delaying treatment when a patient shows signs of a problem

Because patients can’t communicate while under anesthesia, there is an increased risk of something going wrong in other parts of the body during surgery. Surgeons need to be mindful of this and properly monitor their patients during the whole surgery.

Surgical Instrument Errors

Surgeons and their teams are responsible for keeping track of all tools used during a procedure. Leaving a sponge, clamp, or other instrument inside a patient's body after surgery is a form of malpractice. The Agency for Healthcare Research and Quality says that this is a "never event," meaning it’s never supposed to happen when proper protocols are used, but it does. Foreign objects in the body can cause serious issues down the road.

Nerve, Tissue, or Organ Damage

Some damage to small blood vessels, in particular, is very common during surgery. If major damage is done due to carelessness or poor technique, though, it may be malpractice, especially if they’re done to adjacent organs. Injuries like these can lead to chronic pain, loss of function, or the need for more surgery.

Infections Caused by Poor Sterile Technique

When the strict standards of cleanliness aren’t followed during surgery, patients can develop dangerous infections afterwards. Failure to maintain a sterile environment during surgery can lead to liability for the surgical team.

Postoperative Negligence

Malpractice does not always happen during the operation itself. Errors in postoperative care, such as failing to watch for complications, discharging a patient too soon, or missing signs of infection or internal bleeding, can be just as harmful.

How Do I Know if I Have a Surgical Malpractice Case?

Not every complication after surgery means malpractice occurred. Surgery is complex, and some risks are standard. The defining factor is whether your injuries could have been avoided or prevented by proper procedures and attentiveness.

To pursue a malpractice case, you need to show that the surgical team failed to meet the standard of care somehow and that that caused you harm. Documentation showing your doctor-patient relationship and the expected risks of the procedure is vital. You will also need documentation of any harm you suffered beyond the regular effects of surgery. This could include follow-up care you had to receive to treat the effects of the surgical team’s malpractice.

Because these cases often involve complicated medical evidence, you should speak with someone who handles malpractice claims professionally. A malpractice lawyer can evaluate your situation and help you build a strong case.

Call a Williamsport, MD Medical Malpractice Attorney Today

If you believe a surgical error left you or a loved one injured in 2026, don’t wait for your health to get worse to get help.

At Serafini Law, we answer calls 24/7. Our cases are billed on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We are supportive with our clients and aggressive with insurance companies and other defendants. Our Upper Marlboro personal injury lawyer has over 12 years of experience and gives every case personal attention.

Call us at 240-744-1600 today for a free consultation.