Surgical Errors

Surgical error and negligence claims in Canberra

Surgery is always a significant event, involving trust, preparation, and risk. You place your health, and sometimes your life, in the hands of your surgical team. When that trust is broken due to preventable errors or negligence, the consequences can be devastating.

At MEJ, our surgical error lawyers have over 40 years of experience helping people in Canberra who’ve been harmed by surgical mistakes. We understand how frightening and overwhelming it can be when surgery goes wrong, and we’re here to help you seek justice and fair compensation.

What are surgical errors?

Not every complication during surgery is negligence. Surgery carries inherent risks, and even when performed perfectly, complications can occur. However, a surgical error is something that shouldn’t happen if proper care and skill are applied.

Surgical negligence can occur before, during, or after an operation, and may involve surgeons, anaesthetists, nurses, or other members of the surgical team.

Common examples of surgical errors include:

• Wrong-site surgery (operating on the wrong body part or side)
• Performing the wrong procedure entirely
• Leaving surgical instruments, sponges, or materials inside the body
• Damage to nerves, blood vessels, or organs during surgery
• Inadequate pre-operative assessment or planning
• Errors in anaesthesia administration or monitoring
• Post-operative infections due to poor sterile technique
• Failure to recognise or address complications during surgery
• Inadequate post-operative care or monitoring

If you’ve experienced harm due to a preventable surgical error in Canberra or the ACT region, you may be entitled to compensation.

How surgical errors happen

Surgical errors can arise from various failures in the operating theatre and surrounding care:

• Pre-operative failures may include inadequate patient assessment, failure to identify risk factors, poor surgical planning, lack of informed consent about risks, or failure to perform necessary pre-operative tests.
• Intra-operative errors during surgery might involve technical mistakes by surgeons, miscommunication between team members, equipment failures not properly addressed, inadequate monitoring of vital signs, or departures from accepted surgical protocols.
• Post-operative negligence can occur when complications aren’t recognised or addressed promptly, inadequate pain management is provided, infections develop due to poor wound care, or patients are discharged too early without proper follow-up.
• Anaesthesia errors represent a specific category involving incorrect dosing, failure to monitor the patient adequately, allergic reactions not properly managed, or complications from intubation.

Surgical teams across Canberra have a duty to maintain high standards of care. When they fail to do so, and you suffer harm as a result, you have the right to seek compensation.

The impact of surgical errors

The consequences of surgical negligence can be profound and life-altering:

• Permanent disability or disfigurement
• Chronic pain and ongoing complications
• Need for additional corrective surgeries
• Infections, including sepsis
• Nerve damage causing numbness, weakness, or paralysis
• Organ damage or failure
• Psychological trauma and loss of confidence in medical care
• Extended recovery time and inability to work
• In severe cases, wrongful death

These outcomes affect not just you, but your entire family, emotionally, physically, and financially.

Medical negligence claims for surgical errors can be complex, requiring detailed investigation and expert medical testimony.

How we can help

Our experienced surgical error lawyers conduct thorough investigations into what went wrong during your surgical care. We work with leading surgical experts who review your medical records, surgical notes, and post-operative care to determine whether the standard of care was breached.

At MEJ, we work to secure compensation for:

• Pain, suffering, and loss of quality of life
• Past and future medical expenses, including corrective surgeries
• Loss of income and reduced earning capacity
• Rehabilitation, therapy, and ongoing care needs
• Home modifications if required due to disability
• Psychological counselling and support
• Domestic assistance and care needs

We handle every case with sensitivity and professionalism, understanding that surgical errors often involve deeply personal and traumatic experiences.

Do I need a surgical error lawyer?

Surgical negligence claims are among the most complex in medical law. They require understanding of surgical procedures, standards of care, and the ability to distinguish between accepted complications and preventable errors.

Having an experienced surgical error lawyer in Canberra ensures:

• Expert review of surgical records and identification of potential negligence
• Access to leading surgical experts who can provide opinions supporting your claim
• Proper handling of all legal procedures and correspondence
• Strong representation in negotiations or court proceedings

We will enter into a costs agreement specific to your case.

Time limits for surgical error claims

Strict time limits apply to medical negligence claims in Australia. You generally have three years from the date of surgery (or when you became aware of the injury) to commence legal action. These time limits can be complex, particularly when complications develop gradually.

We encourage you to seek legal advice promptly to ensure your rights are protected and your claim can proceed without time-bar issues.

Why choose MEJ?

For over 40 years, MEJ has been a trusted name in Canberra and the ACT. We’re a local firm with deep roots in the community, not an interstate operation managing your case from afar. Our team combines extensive medical negligence experience with a genuine, personalised approach to client care.

We are:

• Highly experienced in surgical error and medical negligence claims
• Delivering strong results across complex surgical cases
• Compassionate, responsive, and client-focused
• Based right here in Canberra, serving the ACT community

If you or a loved one has been harmed by a surgical error or negligence, you don’t have to navigate this difficult time alone. Our experienced medical negligence lawyers are here to help you understand your options, pursue justice, and secure the compensation you deserve.

Call us on 1800 570 778 or (02) 9158 1333

Submit an enquiry online to speak with a surgical error lawyer in Canberra today

Taking the first step might feel difficult, but you deserve answers, and if negligence occurred, you deserve compensation.