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Operating Room Negligence

The leading Maine operating room negligence attorneys of Peter Thompson & Associates are leaders in medical malpractice law. We are dedicated to helping patients harmed by operating room negligence, which can cause serious injury to a patient after the initial operation. Our firm provides the highest quality legal representation to clients across the state of Maine.

Hospitals and health care providers owe a duty of care to each patient. If they make preventable errors during surgery, they fall below this required standard. The operating room can be the site of preventable accidents that seriously injure the patient. Operating room negligence may include failing to prep the patient, follow established sterilization techniques, or use the proper safety belt to strap the patient to the table. Although risk is inherent in any procedure, surgical staffs have a universal protocol to protect the patient from harm. This requires that they stop all work before operating and check whether they are performing the right procedure on the correct patient. Because the patient is anesthetized and in a compromised position, operating room negligence can cause serious injury.

Common injuries caused by operating room negligence include:

  • Deep vein thrombosis
  • Post-operation infection
  • Blood clots, hemorrhage
  • Burns from cauterization
  • Open wounds or scarring
  • Hypotension or hypothermia
  • Head or back injury
  • Bladder cancer
  • Birth injuries
  • Coma, death

The rush and confusion of impacted operating rooms is a recipe for disaster. It gives surgeons very little time to make checklists and have a “time out” as required under law. Even the most careful physician cannot expect to know everything about a patient from notes in a medical chart. But with today’s technology, surgeons have access to cameras that allow them to see their work on a screen. This explains why there is actually less negligence during the actual operation than in the preparation before. For example, failing to comply with sterilization procedures can lead to a post-operative infection. The failure to lock the gurney during transfer could result in dropping the patient before the surgery even begins. These details are required to meet the legal standard of care.

Patients injured during an operation do not always know they were the victims of negligence. The hospital and staff are reluctant to admit their mistakes and may even try to disguise them in the patient’s chart. In many cases, they are instructed to deny fault and never refer to the accident again. Many patients are intimidated by the absolute refusal of any parties present to admit fault. Hospitals count on this reluctance to avoid potential suit. But if the explanations of the head surgeon and chief of staff do not make sense, this is a good indication that someone was negligent. That is why it is important to have your medical records and surgical documents reviewed by a third party who can detect omissions and piece together the truth. Negligent parties in the operating room are liable to the patient for damages. The injured patient is entitled to compensation for past and future medical expenses, lost income, and pain and suffering.

If you were the victim of operating room negligence, contact the experienced Maine operating room negligence lawyers at Peter Thompson & Associates today. We have the legal acumen and resources necessary to help you prevail in a medical malpractice claim. Using innovative technology and leading medical experts, we can scour your surgical records to find the source of your harm. If the injury was caused by operating room negligence, you may be entitled to compensation. At Peter Thompson & Associates, we have proven track record of recovering million-dollar verdicts and settlements. We are dedicated to helping you achieve the best outcome possible at trial or through settlement. Call 800.804.2004 for a free consultation or contact us online.


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I was pleased with the level of professionalism and the effectiveness of your team. This was my first exposure to 'a case' and you made the process easy for me. M.D., Kittery
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My brother is an attorney in New York. After my accident 2 years ago I asked him what firm I should go with. He researched and told me to call Peter Thompson and Associates. I followed his recommendation and am glad I did. From the opening bell they were timely, informative, professional AND WARM. Thank you. R.S., South Portland, ME
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