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Surgical Malpractice 

Surgical Malpractice

​Injuries caused by surgical malpractice can be sudden, catastrophic, and life-altering.  Patients and families rely on surgeons, anesthesiologists, and operating room teams to perform procedures safely, follow established standards, and protect patients from preventable harm before, during, and after surgery.  When surgical malpractice occurs, patients may suffer uncontrolled bleeding, organ or nerve damage, infection, anesthesia injuries, retained surgical items, permanent disability, or death.

Surgical malpractice can arise in hospitals, outpatient surgery centers, emergency departments, specialty surgical facilities, and other operative settings throughout Texas, including Houston, Dallas, Fort Worth, Austin, San Antonio, El Paso, and surrounding communities.  Serious injuries are often attributed to “known risks” of surgery, when a closer examination reveals that substandard surgical care, errors in technique, or failures in perioperative management played a significant role in the outcome.

Uncovering the Truth

Surgical malpractice may occur at any point in the surgical process, from preoperative evaluation and consent through the operation itself and postoperative care.  Common forms of surgical malpractice include operating on the wrong body part, performing the wrong procedure, damaging nearby organs or structures, uncontrolled bleeding due to failure to secure vessels, and leaving sponges or instruments inside the patient.

Surgical malpractice may also involve inadequate preoperative assessment, failure to recognize and manage surgical complications, poor communication among the surgical team, improper positioning leading to nerve injuries or pressure sores, and failure to monitor and treat postoperative infection, bleeding, or blood clots.  Patients may experience worsening conditions, emergency reoperations, prolonged hospitalization, or sudden decline when warning signs of complications are overlooked or improperly addressed.

Families are frequently told that the outcome was unavoidable due to the complexity of the surgery or the patient’s underlying condition, when a detailed review of the surgical care reveals missed opportunities for prevention, delayed recognition of complications, or departures from accepted surgical standards.

We conduct a comprehensive review of preoperative evaluations, operative reports, anesthesia records, nursing notes, postoperative orders, imaging studies, laboratory data, and applicable hospital and surgical policies and protocols.  We work closely with qualified surgical, anesthesia, and nursing experts to determine whether surgical malpractice occurred and whether it caused or contributed to the patient’s injuries.

Our goal is to uncover exactly how the surgical malpractice occurred, identify all responsible providers and entities, and provide patients and families throughout Texas with clear, honest answers about what happened and whether the harm could have been prevented.

Holding Texas Surgeons Accountable

Texas law allows patients and families to pursue compensation when injuries or death are caused by surgical malpractice.  Depending on the circumstances, responsible parties may include surgeons, surgical assistants, anesthesiologists, nurse anesthetists, hospitals, ambulatory surgery centers, physician groups, or healthcare systems involved in providing substandard surgical care anywhere in Texas.

We work carefully to establish the connection between surgical malpractice and the resulting harm.  These cases often require detailed analysis of surgical planning, intraoperative decision-making and technique, blood loss and fluid management, anesthesia care, postoperative monitoring, and the response to signs of complications such as infection, internal bleeding, or respiratory distress.

Each case is prepared with the expectation that it will be closely examined by insurance carriers, defense counsel, and the courts, while ensuring full compliance with Texas medical malpractice requirements, including expert review standards and procedural deadlines.

Preventing Other Surgical Injuries in Texas

Although legal action cannot reverse the damage caused by surgical malpractice, it can play an important role in protecting future patients across Texas.  Cases involving surgical malpractice frequently reveal systemic problems such as inadequate safety checklists, communication failures in the operating room, poor handoff practices between surgery and recovery units, and failures to adhere to established surgical and infection-control protocols.

By holding providers and institutions accountable for surgical malpractice, these cases can promote improved surgical safety procedures, better teamwork and communication, more vigilant postoperative monitoring, and stronger safeguards designed to reduce preventable surgical injuries for patients in Houston, Dallas–Fort Worth, Austin, San Antonio, and throughout Texas.

Speak With a Texas Surgical Malpractice Attorney

If you or a loved one believe you have been harmed due to surgical malpractice anywhere in Texas—including wrong-site surgery, organ or nerve damage, uncontrolled bleeding, retained surgical items, serious infection, permanent disability, or wrongful death—you may have the right to pursue a claim.  Our practice is intentionally limited to representing Texas patients and families affected by preventable medical malpractice, providing thorough investigation, clear guidance, and determined legal advocacy focused on accountability and answers.

Consultations are confidential, and cases are handled on a contingency fee basis, meaning no attorney’s fees are owed unless compensation is recovered.  Contact our office today to discuss your situation and learn more about your legal options under Texas medical malpractice law.


This website provides general information and does not constitute legal advice.  Past results do not guarantee future outcomes.

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7500 Rialto Boulevard
Building 1, Suite 250
Austin, Texas 78735

​512-774-3710
By Appointment Only

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Tuesday: 8am-4pm
Wednesday: 8am-4pm
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