Knowledgeable and Experienced Guidance

What to do if you’ve been harmed by a surgical error

On Behalf of | Jun 24, 2025 | Doctor Errors, Medical Malpractice |

When you’ve suffered from a surgical error, life becomes overwhelming. Your body hurts and you’re not sure where to turn. The good news is that you have options. Understanding what these options are and taking the right steps can help you find the justice you deserve.

Watch for warning signs

Your body tells you when something isn’t right. After surgery, you can expect some discomfort. However, certain symptoms signal bigger problems. Pay attention to pain that gets worse, swelling that won’t go down and signs of infection or numbness in new areas. Keep a daily journal of your symptoms. This record becomes crucial evidence later.

Get your medical records

Your medical records show exactly what happened during surgery. Call your doctor’s office and ask for your complete file. Don’t just ask for a summary. You want everything including:

  • Surgical notes
  • Lab results
  • Nursing records

Be as thorough as you possibly can, as every little detail can make or break a case. 

Ask for a second opinion

Sometimes the doctor who made the mistake won’t admit that there’s a problem. Get a fresh pair of eyes on your case from a doctor who doesn’t work at the same hospital. Be honest about your concerns and bring all your medical records.

Seek legal guidance

Not every bad outcome means you have a reason to press charges. However, an experienced lawyer can tell you if your situation can progress into a legal case. North Carolina gives you three years to file a lawsuit from the date of surgery or when you discovered the error.

Speaking with an attorney who has extensive experience in handling cases involving surgical errors can guide you on what to do next. They can assist you with the following:

  • Gathering expert testimony: Proving malpractice through surgical errors requires medical experts who can explain what should have happened versus what actually happened. Your lawyer will find experts who will review your records and testify that your doctor failed to meet proper standards of care.
  • Filing your claim: Once you have all the pieces, your lawyer will file the official paperwork. Be prepared for a long process. Cases born out of surgical errors often take months or years to resolve.

 

There are things you can do to build a case if you are certain that you have suffered injury due to a surgical error. Getting in touch with a legal professional might be the very first step you need to take to determine what to do next. 

Moving forward

Surgical mistakes change lives instantly, yet you don’t have to face the aftermath alone. By documenting symptoms, gathering records and working with qualified professionals, you can build a strong case. Taking action protects not just you but future patients from similar harm.