Surgical Errors in Washington: What Counts as Medical Malpractice

Surgery is inherently risky. Every patient who goes under the knife accepts a degree of uncertainty. But there is a fundamental difference between a known surgical risk that materializes despite competent care and a preventable error caused by negligence.

When a surgeon operates on the wrong body part, leaves an instrument inside you, or makes a critical mistake because they were careless, rushed, or unprepared — that is not a "complication." That is medical malpractice. And in Washington, you have the right to hold them accountable.

Types of Surgical Errors

Wrong-Site, Wrong-Patient, and Wrong-Procedure Errors

These are called "never events" in the medical industry because they should never happen. Hospitals have mandatory protocols — including surgical timeouts, site marking, and identity verification — specifically designed to prevent them.

When a surgeon operates on your left knee instead of your right, removes the wrong organ, or performs a procedure intended for the patient in the next room, the system has failed at the most basic level. These errors are almost always the result of negligence, and proving malpractice in these cases is relatively straightforward because no competent surgeon performing appropriate safety checks would make these mistakes.

Retained Surgical Instruments and Materials

Sponges, clamps, needles, guide wires, drain tips — objects get left inside patients more often than the public realizes. Studies estimate that retained surgical items occur in roughly 1 in every 5,000 to 10,000 surgeries. That may sound rare until you consider the millions of surgeries performed annually.

A retained foreign body can cause infection, abscess, bowel obstruction, perforation of internal organs, chronic pain, and the need for additional surgery to remove the object. Surgical teams are required to perform instrument and sponge counts before and after every procedure. When an object is left behind, it almost always means someone failed to follow this fundamental protocol.

Anesthesia Errors

Anesthesia mistakes can be catastrophic. They include:

• Administering too much anesthesia, leading to respiratory depression, brain damage, or death
• Administering too little, resulting in anesthesia awareness — the patient wakes up during surgery and feels pain but cannot move or speak
• Failing to review the patient's medical history for allergies, drug interactions, or conditions that affect anesthesia tolerance
• Improper intubation, causing airway damage or oxygen deprivation
• Inadequate monitoring of vital signs during the procedure

Anesthesiologists and nurse anesthetists carry enormous responsibility. When they fail in that responsibility and a patient is harmed, it is malpractice.

Nerve Damage and Organ Perforation

Surgical procedures require precision. When a surgeon nicks a nerve, perforates a bowel, or damages a blood vessel through careless technique, the results can be devastating — chronic pain, loss of function, internal bleeding, sepsis, or worse.

Not every incidental injury during surgery is malpractice. Some structures are unavoidably close to the surgical field, and even skilled surgeons may encounter unexpected anatomy. The question is whether the surgeon exercised reasonable care. If the injury resulted from a failure to use proper technique, inadequate visualization, rushing through the procedure, or operating beyond the surgeon's competence, it crosses the line into negligence.

Post-Operative Negligence

The surgery itself is only part of the equation. What happens afterward matters just as much.

Post-operative negligence includes:

• Failure to monitor for complications such as infection, bleeding, or blood clots
• Premature discharge before the patient is stable
• Failure to recognize and treat post-surgical complications in a timely manner
• Inadequate wound care instructions or follow-up
• Ignoring patient complaints of increasing pain, fever, or other warning signs

A technically successful surgery can still result in a malpractice claim if negligent post-operative care causes the patient additional harm.

When Does a Surgical Error Become Malpractice?

Not every bad surgical outcome is actionable. Under Washington's medical malpractice statute (RCW 7.70), you must establish:

The surgeon or surgical team breached the standard of care. The standard of care is what a reasonably competent surgeon in the same specialty would have done under the same circumstances. Surgery carries known risks, and patients consent to those risks. But patients do not consent to negligence. If the error resulted from a failure to follow established protocols, inadequate preparation, fatigue, distraction, or a lack of skill — that is a breach.

The breach caused your injury. There must be a direct connection between the surgical error and the harm you suffered. If a sponge was left in your abdomen and caused an infection requiring additional surgery, causation is clear. If a complication occurred that would have happened regardless of the surgeon's conduct, causation may be harder to prove.

You suffered actual damages. Additional medical bills, lost wages, physical pain, emotional distress, permanent disability, loss of quality of life — these are all compensable damages in a Washington surgical malpractice case.

What to Do If You Suspect a Surgical Error

1. Get Immediate Medical Attention

If you are experiencing complications after surgery — persistent pain, fever, swelling, drainage, numbness, or any symptom that does not feel right — seek medical care immediately. Your health comes first, and prompt treatment of a complication also helps document the harm.

2. Request Your Complete Medical Records

You have the legal right to obtain your surgical records, including the operative report, anesthesia records, nursing notes, pre-operative and post-operative orders, and any imaging. These records are the foundation of any malpractice investigation.

Request them sooner rather than later. While providers are required to maintain records, having your own copies ensures nothing is altered or lost.

3. Document Everything

Keep a detailed record of your symptoms, medications, follow-up appointments, and how your condition affects your daily life. Take photographs of surgical sites, especially if there are signs of infection or abnormal healing. Save all medical bills and receipts.

4. Do Not Sign Anything From the Hospital or Their Insurer

If the hospital or surgical facility contacts you with forms to sign, offers of settlement, or requests for recorded statements — do not comply without legal counsel. These communications are often designed to limit the facility's liability, not to help you.

5. Contact a Medical Malpractice Attorney

Surgical malpractice cases require expert medical review to determine whether the error constituted negligence. An experienced medical malpractice attorney will obtain your records, have them reviewed by qualified surgical experts, and advise you on whether you have a viable claim.

Washington's "Never Event" Standard

Some surgical errors are so egregious that they essentially speak for themselves. Operating on the wrong body part, leaving instruments inside a patient, or performing the wrong procedure are events that do not happen in the absence of negligence. While Washington does not formally apply a "res ipsa loquitur" (the thing speaks for itself) doctrine in the same way some states do, the practical reality is that these errors strongly imply negligence and shift the burden to the defense to explain what happened.

If you experienced a never event, your path to proving malpractice is significantly stronger — but you still need qualified legal representation to navigate the process.

Future Legal PLLC Handles Surgical Malpractice Cases

Surgical errors cause real, lasting harm. If you or someone you love was injured by a preventable surgical mistake at a hospital or surgical center in Olympia, Lacey, Tumwater, or anywhere in Thurston County, Future Legal PLLC is ready to investigate your case and fight for full compensation.