Are surgical injuries considered medical malpractice?

If you have an unexpected outcome from surgery, it is always worthwhile to investigate whether you were injured due to negligence. Some surgical injuries can occur in the absence of negligence, but many injuries are the result of negligence. Surgical malpractice includes (1) surgery on the wrong site of the body; (2) leaving a surgical instrument in the body after surgery (such as sponges, retractors, forceps or surgical towels); (3) injury to organs or vessels close to the surgical site; and (4) the failure to recognize post-operative bleeding.
Michael J. Shevlin
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Specializing in medical malpractice and serious personal injury cases since 1994.