Surgical Negligence

North Carolina Surgical Errors Attorneys

Have You Suffered Due to the Surgical Negligence of a Physician in Winston-Salem?

Undergoing surgery is an event that requires trust—trust in the skill, attention, and diligence of medical professionals. Unfortunately, surgical errors occur far more frequently than most people realize. When these mistakes result in serious injury or even death, the consequences can be devastating.

At Comerford Chilson & Moser, L.L.P., our experienced North Carolina surgical error lawyers are committed to holding negligent medical professionals and institutions accountable. If you or a loved one has suffered harm due to a surgical mistake, we can help you seek justice and the compensation you deserve.

Call (336) 568-8779 or contact us online today to schedule a free consultation with our team.

Common Types of Surgical Errors

Surgical errors can happen before, during, or after a procedure, and they often stem from preventable negligence. Some of the most common surgical mistakes include:

Wrong-site surgery: Operating on the wrong body part or the wrong side of the body.
Wrong-patient surgery: Performing a procedure intended for a different patient.
Leaving surgical instruments or sponges inside the body: A major cause of post-operative complications and infections.
Anesthesia errors: Administering too much or too little anesthesia, or failing to monitor the patient.
Nerve damage or organ perforation: Accidental injury to nearby tissues or organs.
Unnecessary surgeries: Performing a procedure that was not medically indicated.
Post-surgical infections: Often caused by poor sterilization or inadequate aftercare.

Any of these errors can lead to long-term disability, emotional trauma, and financial hardship. If you’ve experienced one of these complications, a North Carolina surgical error lawyer from our firm can evaluate your case.

Common Causes of Surgical Errors

Most surgical errors are preventable. They occur not because of inherent surgical risks, but due to human mistakes or systemic failures. Common causes include:

Inadequate preoperative planning: Failure to review medical history, allergies, or necessary imaging.
Poor communication: Miscommunication between surgeons, nurses, and anesthesiologists can have disastrous consequences.
Fatigue or understaffing: Overworked medical staff may not be able to give the procedure the attention it requires.
Lack of training or supervision: Less experienced surgeons may make critical errors.
Neglect of standard protocols: Ignoring safety checklists or failing to confirm the patient and procedure.
Defective or unsanitary equipment: Improperly maintained tools or machinery can contribute to complications.

Proving the cause of a surgical error often requires a thorough investigation. At Comerford Chilson & Moser, L.L.P., we work with medical experts and investigators to determine exactly what went wrong—and why.

The Impact of Surgical Errors

The aftermath of a surgical error can be physically, emotionally, and financially overwhelming. Patients may suffer from:

Chronic pain and disability
Extended hospital stays and repeated surgeries
Infections and sepsis
Emotional trauma and anxiety
Loss of income or earning capacity
Long-term rehabilitation or home care needs

In the worst cases, surgical mistakes can result in permanent disability or wrongful death. Our firm understands the gravity of these outcomes, and we fight tirelessly to secure the full and fair compensation our clients need to rebuild their lives.

Who is Liable?

Liability for a surgical error depends on the specific circumstances. In many cases, multiple parties may share responsibility, including:

The surgeon who performed the operation
The anesthesiologist or other attending physicians
Nurses and surgical techs involved in patient care
The hospital or surgical center where the operation took place
Medical device manufacturers, if equipment failure was involved

To succeed in a medical malpractice claim, you must show that the medical provider breached the standard of care, and that this breach directly caused your injuries. This is a complex legal and medical determination—one that our attorneys at Comerford Chilson & Moser, L.L.P. are highly experienced in handling.

FAQs About Surgical Errors in North Carolina

What is the statute of limitations for a surgical error claim in North Carolina?

Generally, North Carolina law requires medical malpractice claims to be filed within three years of the date of the injury or one year from the date the injury was discovered (but no more than four years from the date of the surgery). However, deadlines can vary, so contact a North Carolina surgical error lawyer as soon as possible.

What compensation can I receive for a surgical error?

You may be entitled to damages for medical expenses, lost wages, pain and suffering, disability, and in some cases, punitive damages. In the case of wrongful death, families may seek compensation for funeral expenses, loss of companionship, and more.

Do I need an expert witness to file a malpractice claim?

Yes. North Carolina requires a certification of expert review in medical malpractice cases. This means a qualified medical expert must review your case and confirm that the standard of care was breached.

Can I sue a hospital for a surgical mistake?

Yes. If the hospital employed the negligent provider or failed to follow safety protocols, it can be held liable. Our legal team can help determine which parties can and should be held accountable.

How long will the legal process take?

Medical malpractice cases are complex and often take months or even years to resolve. That said, our firm works efficiently to build strong cases while keeping our clients informed every step of the way.

Malpractice Lawsuits Require Extensive Resources to Win

Surgical negligence litigation is quite complex. The key issues often involve our ability to establish the causal connection between the surgeon’s negligence and the plaintiff’s injury or the victim’s death. We have decades of experience with the investigation and proof of surgical negligence cases, and we have the resources necessary to ensure your case is fully documented and supported by expert evidence.

The attorneys at Comerford Chilson & Moser, L.L.P. handle surgical negligence cases all over North Carolina. We accept cases on a contingent fee basis. The firm collects its attorney’s fees only when it settles a claim or wins at trial.

Contact us today at (336) 568-8779 to get started on your case.

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For additional information about our ability to handle your claim for surgical malpractice damages, contact one of our lawyers to get started on your case today.

Call (336) 568-8779 or use our online contact form to schedule a meeting.

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