At Capitelli & Wicker, we advocate for patients in New Orleans whose lives have been disrupted by surgical mistakes that never should have happened. When a procedure meant to heal results in unexpected harm, it’s often a sign that something was missed—whether it was a breakdown in communication, a lapse in judgment, or a failure to follow standard protocols. We dig deep into the details, working with medical experts to expose what went wrong and build a strong case for justice and financial recovery.
What Our Clients Say
Surgical Errors in New Orleans
Mistakes in the operating room can lead to long-term injuries, permanent disability, or even death. When these incidents result from negligence, such as poor planning, incorrect procedures, or lack of communication, they may constitute medical malpractice.
Common Types of Surgical Errors
We handle a wide range of surgical malpractice claims, including:
- Wrong-site surgery – Operating on the wrong part of the body
- Wrong-patient surgery – A mix-up resulting in an incorrect procedure
- Retained surgical instruments – Sponges, clamps, or tools left inside the body
- Anesthesia errors – Overdose, underdose, or failure to monitor vital signs
- Nerve or organ damage – Accidental injury to nearby tissue during surgery
- Postoperative negligence – Inadequate monitoring or failure to recognize complications
Causes of Surgical Mistakes
Surgical errors can happen before, during, or after the procedure. Some common contributing factors include:
- Poor communication among surgical team members
- Inadequate preoperative planning
- Fatigue or inattention during long operations
- Failure to review a patient’s full medical history
- Lack of proper sterilization and safety protocols
Our New Orleans Surgical Error Case Process
Step One: Initial Consultation & Case Review
We evaluate your surgical injury, review relevant records, and provide an honest assessment of your legal options.
Step Two: Investigation & Legal Strategy
We work with medical experts to identify where the standard of care was breached and build a strong case.
Step Three: Negotiation & Advocacy
Whether through settlement or trial, we pursue full and fair compensation for your losses.
Why Choose Capitelli & Wicker for Your Surgical Malpractice Case?
- Experienced Trial Lawyers – We’re seasoned litigators who don’t back down from complex cases.
- Medical Knowledge – We partner with respected medical experts and tap into the medical legal knowledge gained by attorneys on our team to strengthen every claim.
- Client-Centered Approach – You’ll always know where your case stands—and we’ll always be just a phone call away.
- Strong Track Record – We’ve recovered substantial results for clients harmed by surgical negligence.
Frequently Asked Questions
What qualifies as a surgical error?
A surgical error is any preventable mistake made before, during, or after a procedure that causes harm to the patient. It often involves negligence or a failure to follow standard practices.
Can I sue if a doctor left an object inside my body after surgery?
Yes. Leaving a surgical instrument, sponge, or other foreign object inside a patient is a serious error known as a retained surgical item. These mistakes are almost always considered preventable and often qualify as clear cases of medical malpractice. They can lead to infection, internal injuries, or the need for additional surgery. If you’ve experienced this type of surgical error, you may have strong grounds for a lawsuit and should speak with an attorney as soon as possible to protect your rights and health.
How do I prove my injury was caused by a surgical error?
To prove your injury resulted from a surgical error, you’ll need to show that the medical team failed to meet the accepted standard of care and that this failure directly caused your harm. This often requires a detailed review of your medical records, expert testimony from healthcare professionals, and evidence showing what should have been done differently during your procedure. An experienced medical malpractice attorney can help gather this evidence and build a clear, compelling case on your behalf.
Are surgical complications always grounds for a malpractice claim?
Not always. Only preventable errors or negligence that directly cause harm qualify. An experienced attorney can help assess the details of your situation.
What if I didn’t discover the mistake until months later?
You may still have a valid claim. Many states have a discovery rule that allows the clock to start once the injury is identified.
Can anesthesia errors be considered surgical malpractice?
Yes. Anesthesia errors often fall under surgical malpractice when they result from negligence before, during, or after surgery. Mistakes like administering the wrong dose, failing to monitor vital signs, or not reviewing a patient’s medical history can lead to serious harm—including brain damage, cardiac arrest, or even death. Because anesthesiologists play a critical role in surgical care, any preventable error on their part may be grounds for a medical malpractice claim.
How long do I have to file a surgical error lawsuit?
There’s a legal time limit (statute of limitations), which varies by state. It’s best to speak with an attorney as soon as possible to protect your rights.
What damages can I recover in a surgical malpractice claim?
If you’ve been harmed by a surgical error, you may be entitled to recover both economic and non-economic damages. This can include compensation for medical expenses (past and future), lost income or reduced earning capacity, and the cost of corrective surgeries or rehabilitation. You may also be able to recover for pain and suffering, emotional distress, and loss of enjoyment of life. In particularly severe cases, punitive damages may be available to hold the negligent party accountable.
Speak With a New Orleans Surgical Malpractice Lawyer Today
A preventable surgical mistake can change your life, but you don’t have to face the aftermath alone. At Capitelli & Wicker, we’re committed to getting answers, securing compensation, and helping you move forward.
Call 504-582-2425 or contact us online to schedule a confidential consultation with our New Orleans surgical malpractice attorneys.
