At Johnson & Biscone, P.A. our attorneys bring more than 90 years of combined experience helping Oklahomans understand their legal rights after medical malpractice. We take the time to listen, explain your options, and guide you through every step of the legal process.
Surgical Error vs Medical Negligence: What’s the Difference?
Surgical errors are preventable mistakes made during a procedure, not the known risks a patient consents to beforehand. These happen when a surgeon or surgical team fails to follow accepted standards of care.
Common examples of surgical errors include:
- Operating on the wrong body part
- Leaving surgical tools inside the body
- Administering the wrong dose of anesthesia
Such errors often stem from miscommunication, fatigue, or lack of attention during the procedure.
By contrast, medical negligence refers to substandard care that can happen at any point in a patient’s treatment — not just in the operating room. It includes:
- Delayed diagnosis
- Incorrect medication
- Failure to monitor a patient’s condition
- Inadequate follow-up care
Simply put, surgical errors are a type of medical negligence that occurs during surgery. Medical negligence has a broader scope and can happen before, during, or after a procedure.
When a Surgical Error Becomes Medical Negligence
Not every poor outcome or surgical complication means malpractice occurred. Surgery carries risks, and even skilled surgeons may face unexpected challenges.
For a surgical error to qualify as medical negligence, it must involve a breach of the accepted standard of care, meaning the surgeon acted in a way that a competent professional would not have under similar circumstances.
For example, if a surgeon makes a reasonable decision during an unexpected complication, one that another surgeon might also make, it may not be considered negligence, even if it results in harm.
Proving medical negligence requires:
- A thorough review of medical records
- Expert medical opinions
- Evidence of substandard care
At Johnson & Biscone, our attorneys have the resources and experience to build a strong case and help you seek justice.
Contact Johnson & Biscone Today
Get clear answers and trusted legal guidance from Johnson & Biscone, P.A. Call our Oklahoma City office at 405-232-6490 to arrange a free consultation. We’re here to provide clear answers, compassionate support, and experienced legal guidance so you can move forward with confidence.
