Boise Surgical Mistake Lawyers
Do you need legal help?
Do you Need Legal Help?
Contact the Hepworth Holzer team today to schedule a free legal consultation to discuss your personal injury case.
Our Idaho Personal Injury Lawyers
Boise Surgical Mistake Lawyers
We fight for the victims of surgical mistakes throughout the state of Idaho
We put a great deal of trust into our surgeons and we expect that when we awaken from it all we will be on the path to better health. That’s not always the case for everyone. If you’ve been a victim of a surgical mistake, you may be in a much worse situation than you were in before the surgery. We are sorry you have had to go through something so awful. Our Boise surgical mistake lawyers are here to help get you the justice you deserve. Call Hepworth Holzer right away to set up your free first consultation.
Common Surgical Errors Cases
So much can happen while you’re under for a surgery. It’s a daunting thought and no one expects that it will happen to them. We trust our hospitals and our surgeons and their teams to be careful and professional. But when something goes wrong and mistakes are made, victims are owed justice. You could pick the surgeon you think could do the best job but at the end of the day, if one party on the surgical team is negligent, then you could suffer terrible injuries.
Here are the most frequent mistakes and accidents that we have seen victims suffer:
- Errors with anesthesia including allergic reactions
- Damage to nerves, tissue, muscles, or ligaments during the surgery
- Surgical instruments left inside of the patient
- Infection that could have been avoided
When Is It Considered Malpractice?
Not every case where a surgery isn’t done perfectly is going to be considered medical malpractice. Sometimes, there might be an allergy that the patient has during a surgery but the doctors had no way of knowing the drug would’ve done that to the patient. In cases such as those, there would be no malpractice. If the doctor knew on the charts the patient had an allergy to a drug, however, and negligently gave it to them inducing an allergic reaction, that’s malpractice.
Doctors are required to uphold a standard of care for a surgery performed on patients. If they don’t stick to the standard of care, then their actions could be deemed negligent and any harm that is done to their patient is at their fault.
Surgical Error Damages
When someone is a victim of a surgical mistake, the damages can be catastrophic. Our Boise surgical mistake lawyers have seen people go through the worst of it. Some of the damage incurred in cases like this include:
- TBI/ brain damage
- Loss of limb function
- Serious and persistent infection
- Death
Victims of surgical mistakes are entitled to seek justice for the damages they have suffered. If you’ve lost someone due to a surgical mistake, you have a right to bring a wrongful death claim. The compensation for claims like this covers the expenses of medical care, the loss of wages of the victim as well as any pain and suffering that they had to go through.
Our Boise surgical mistake lawyers can go through the details of your case during a free initial consultation in which we will give you guidance on what your next legal action should be. Don’t hesitate to reach out.
Related Surgical Mistake Blog Posts
7 Mistakes That Ruin Personal Injury Cases
Get our FREE guide and find out how you can protect your rights with Hepworth Holzer, LLPSurgical Instruments Left Behind in the Body
It is one of the more common surgical accidents for an instrument to get left behind in the patient’s body. The types of surgical instruments that get left behind in a patient’s body include things like drains, sponges, clamps, retractors, and so on. The team is supposed to do a count of the tools used during the surgery as they’re finishing up so that nothing gets left behind but, when they don’t properly check, mistakes can happen.
Some patients realize right away that they are experiencing pain that shouldn’t be happening and they find out pretty soon after the surgery that there was something left behind. Other people take months to notice that there was a foreign object left inside of them.
We are terribly sorry you have had to go through something like this, but know that you are not alone. Unfortunately, this is more of a common occurrence than you might think. Thousands of people go through this every year and they deserve compensation for the damages they have to suffer through.
If you had a surgical instrument left behind in your body, you might experience the following:
- Swelling
- Inflammation
- Infection
- Internal bleeding from punctured organs
- Pain
Unfortunately, when something like this happens the last thing you want to do is go back to surgery; that is, however, typically the only way to fix an issue like this.
Avoidable Infections After Surgery
With any surgery, there is some chance of getting an infection where the surgical site took place. There are ways to avoid it, including a clean work environment for the surgical team.
Unfortunately, if you have an infection after surgery you will end up needing to stay in the hospital longer for recovery time. That leads to a more expensive hospital bill. Sometimes, you don’t know that there is an infection until weeks after the surgery. Sometimes, it’s just surface infection or could get into the organs. These infections can be life-threatening.
Call Our Boise Surgical Mistake Lawyers Today
Are you a victim of a surgical mistake? These incidents can ruin a person’s life and we want to make sure the wrongful party is held responsible. You can set up a free initial consultation with our Boise surgical mistake lawyers right away when you call us. Justice is waiting and we know how to get it for you.
Frequently Asked Questions About Boise Surgical Mistake Lawyers
A surgical error is a form of medical negligence that occurs when a surgeon or member of the surgical team makes a preventable mistake during or after a procedure. This is not simply a known complication, but a deviation from the accepted standard of surgical care that results in harm to the patient.
Common surgical mistakes include ‘never events’ like operating on the wrong body part or leaving a surgical instrument inside the patient. Other frequent errors include perforating a nearby organ or blood vessel, anesthesia errors, nerve damage from improper positioning, and failing to control post-operative infections.
A ‘retained foreign object’ is the legal term for any item accidentally left inside a patient’s body after a surgical procedure. The most common items are surgical sponges (gossypiboma), but can also include clamps, scalpels, and other instruments. This is a clear and serious breach of the standard of care.
Yes, you may have a case. While some infections are a known risk, a lawsuit is possible if the infection was preventable and resulted from negligence. This could include the use of unsterile instruments, an unsanitary operating room, or a surgeon’s failure to recognize and treat the infection in a timely manner after the operation.
Proving a surgical error requires a thorough review of all medical records, including the surgeon’s operative notes and anesthesia records. We then retain highly-qualified medical experts in the same specialty to testify that the surgeon’s actions fell below the accepted standard of care and directly caused the patient’s injury.
Informed consent is the legal and ethical duty of a surgeon to fully explain the risks, benefits, and alternatives of a proposed surgery before the patient agrees to it. A claim can arise if a surgeon fails to disclose a significant risk that then occurs, or performs a procedure different from the one the patient consented to.
In Idaho, you generally must file a lawsuit within two years of the surgical error. If a foreign object was left in your body, the ‘discovery rule’ may extend this deadline, starting the clock from when the object was or should have been discovered. These cases also require a mandatory pre-litigation screening panel, making it vital to contact an attorney immediately.
Yes, it is absolutely essential. Surgical error cases are a highly specialized and complex area of law, defended by powerful hospital legal teams and insurance companies. The nationally-recognized attorneys at Hepworth Holzer have the specific medical and legal knowledge, access to top-tier surgical experts, and resources required to navigate Idaho’s challenging laws and win your case.
Client Reviews
![]()

