Surgical Errors in Emergency vs. Planned Surgeries: Is the Standard of Care Different?
Surgical errors can have devastating consequences for patients and their families. Whether a procedure is performed in an emergency setting or as a planned surgery, patients expect a high standard of medical care. However, the circumstances surrounding an emergency surgery differ significantly from those of a scheduled procedure, raising the question: Is the standard of care different? The Spizman Firm is here to help patients seek justice after a surgical error in Georgia.
What Is the Standard of Care in Surgery?
In medical malpractice cases, the standard of care refers to the level of skill, knowledge, and treatment that a competent healthcare professional with similar training would provide under comparable circumstances. In Georgia, medical professionals must meet this standard to avoid liability for negligence. If a surgeon fails to provide an adequate level of care, and that failure results in patient harm, the surgeon may be held liable for medical malpractice.
The Standard of Care in Emergency Surgeries
Emergency surgeries take place under urgent and often chaotic conditions, such as in the aftermath of a car accident or when a patient is experiencing a life-threatening condition like a ruptured appendix. These circumstances can impact the standard of care in several ways:
- Limited time for preparation: Surgeons may have to operate without conducting extensive preoperative evaluations or obtaining a full medical history.
- Higher-risk environments: Emergency rooms and trauma centers are fast-paced, increasing the likelihood of miscommunication or rushed decision-making.
- Unavailability of specialized equipment or staff: In some cases, a hospital may not have the ideal surgical team or tools on hand, forcing doctors to adapt quickly.
While emergency circumstances may be considered when evaluating a malpractice claim, medical professionals are still required to act reasonably and competently within those conditions. Courts may take the urgency of the situation into account, but gross negligence—such as failing to address severe bleeding or performing the wrong procedure—can still result in liability.
The Standard of Care in Planned Surgeries
Scheduled surgeries allow surgeons and medical staff to prepare extensively, minimizing risks and complications. The standard of care in planned surgeries is generally higher because:
- Preoperative planning is possible: Doctors can review a patient’s full medical history, conduct diagnostic tests, and prepare for known complications.
- Specialized surgical teams are available: Elective and planned surgeries often involve a well-prepared surgical team with experience in the procedure.
- Patients are in a stable condition: Unlike emergency situations, planned surgeries are conducted under controlled circumstances, reducing the likelihood of unforeseen complications.
Because planned surgeries provide more time for preparation, errors in these procedures are often viewed more critically in malpractice cases. Mistakes such as operating on the wrong body part, leaving surgical instruments inside a patient, or failing to monitor a patient’s vitals properly are more likely to result in liability.
Can You File a Medical Malpractice Claim for a Surgical Error?
Whether a surgical error occurs during an emergency or a planned procedure, victims have the right to seek compensation if medical negligence contributed to their injuries. To prove malpractice, the injured party must show that:
- The surgeon or medical team owed a duty of care.
- The standard of care was breached.
- The breach caused the patient’s injury.
- The patient suffered damages as a result.
If you or a loved one has suffered due to a surgical error, consulting with an experienced medical malpractice attorney is essential.
At The Spizman Firm, we help victims of medical negligence pursue justice and fair compensation. Our firm serves clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact our Atlanta personal injury Attorneys today for a consultation.
