Surgery carries real risk even when everything goes right.
What should never happen is a patient being harmed by a mistake that careful, competent technique would have prevented.
Gilbert Law Firm has represented hundreds of patients harmed by a documented pattern of dangerous spine surgery in Washington, litigation that grew into RICO based class actions against two hospital systems.
That experience means we know how to read an operative report the way a surgeon does, and how to spot where the standard of care broke down.
Our Washington Surgical Error Services
Operating on the wrong body part, leaving an instrument inside a patient, perforating an organ or vessel, or performing a procedure with more complexity or risk than was medically necessary are all forms of surgical malpractice.
Our firm’s RICO litigation against two Washington neurosurgeons centered on allegations of exactly this kind of overtreatment.
Common Types of Surgical Errors
- Wrong site or wrong patient surgery, operating on the incorrect body part or the wrong patient entirely.
- Retained surgical instruments or sponges left inside a patient’s body after the procedure is closed.
- Perforating an organ or vessel through improper surgical technique.
- Nerve or tissue damage caused by improper surgical technique.
- Anesthesia-related errors that occur during surgery, including improper dosing or failure to monitor vital signs. Learn more on our Medication & Anesthesia Error page.
- Post-operative monitoring failures, including missed signs of internal bleeding or infection after the procedure ends.
When Surgical Error Becomes a Pattern
Sometimes a surgical error is a single, isolated mistake.
Other times, it reflects a pattern of substandard technique across many patients, and that distinction matters legally.
Gilbert Law Firm has represented hundreds of patients in exactly this second scenario, in litigation tied to a Washington neurosurgeon accused of a repeated pattern of overly complex and improperly performed spine surgery across two different hospital systems.
The pattern was serious enough that Washington’s medical licensing board suspended the surgeon’s license while the case was being investigated.
What Our Washington Clients Say
Our Washington Surgical Error Case Process
- Step One – Tell Us What Happened: Schedule a free, no-obligation consultation. We’ll listen to your story and give you an honest assessment of whether a surgical error occurred.
- Step Two – We Investigate With Independent Medical Experts: We obtain your full surgical and medical records and work with independent surgeons and medical experts to determine whether the standard of care was met.
- Step Three – We Prove What Went Wrong: Once we take your case, we retain independent surgeons to walk through the operative record step by step, comparing what happened against what should have happened. We use that analysis to negotiate directly with hospitals, surgeons, and their insurance carriers, and we take the fight to trial if they won’t own up to it. We have gone up against some of the largest hospital systems in the country on behalf of patients harmed by surgical error, and we don’t walk away when they push back.
Frequently Asked Questions About Surgical Errors in Washington
What counts as a surgical error?
A surgical error is a preventable mistake made before, during, or after an operation that falls below the accepted standard of care and causes harm, as opposed to a known risk or complication of the procedure itself.
Can I sue if a surgical instrument was left inside me after surgery?
Yes. A retained surgical instrument or sponge is widely recognized as a preventable error, and cases involving a foreign object left in the body often have extended filing deadlines under Washington law.
Who can be held liable for a surgical error, the surgeon, the hospital, or both?
It depends on the facts. The surgeon may be individually liable, the hospital may be liable for its own failures or for the negligence of its staff, and in some cases both may share responsibility.
What's the difference between a known surgical complication and a surgical error?
Medicine involves risk, and not every complication or poor outcome is the result of negligence. Medical malpractice requires proof that a provider failed to meet the accepted standard of care, not simply that the outcome was disappointing or unexpected. A plaintiff generally must establish that the healthcare provider failed to exercise the degree of care, skill, and learning expected of a reasonably prudent healthcare provider at that time and in the same or similar circumstances, and that this failure was a proximate cause of the injury.
Do I need a medical expert to prove medical negligence?
In most cases, yes. Expert testimony is generally required to establish the accepted standard of care and to show how a provider’s actions fell short of it. An experienced medical malpractice attorney will know which medical experts to consult for your specific case.
What if I don't discover the surgical error until months or years later?
Washington’s discovery rule generally allows you to file within one year of discovering, or reasonably should have discovered, the injury, even if that is more than three years after the surgery.
Can a surgical error happen even if I signed a consent form?
Yes. Consenting to a procedure means you accepted the known risks that were properly disclosed to you. It does not waive your right to pursue a claim if the surgical team was negligent in how the procedure was actually performed.
How much does it cost to hire a medical malpractice attorney?
Most medical malpractice attorneys, including our firm, work on a contingency fee basis, meaning you pay nothing upfront and no fee at all unless we recover compensation on your behalf.
Get Started on Your Washington Surgical Error Case Today
A surgical error can leave you with complications that follow you for the rest of your life.
Contact the Gilbert Law Firm today for a free, no-obligation consultation, and let us help you find out what really happened in that operating room.
Schedule a free consultation now to tell us about your case, or fill out the form:
