Every surgery carries some degree of risk. Even when a procedure is performed appropriately, complications can occur and patients may experience an outcome they did not expect.
When a patient suffers a serious complication following surgery, one of the first questions they or their family may have is whether something went wrong. A poor surgical outcome does not necessarily mean that medical malpractice occurred.
The distinction often depends on how the surgery was performed, whether appropriate steps were taken to prevent and respond to complications, and whether the care provided met the standard reasonably expected in the circumstances.
For patients and families in Ontario, understanding the distinction can help clarify whether there may be grounds in investigate the care that was provided.
Does A Surgical Complication Mean Medical Malpractice?
A poor outcome or unexpected complication does not, on its own, establish medical malpractice. As we have discussed in our article on what happens when a doctor makes a mistake in Ontario, determining whether there is a medical malpractice claim requires considering whether the care provided fell below the applicable standard of care and whether that failure caused the patient’s injury.
Some complications are recognized risks of a surgical procedure. Depending on the surgery, these can include infection, bleeding, blood clots, nerve or organ damage, reactions to anesthesia and problems with wound healing. The fact that one of these complications occurs does not necessarily mean that the care provided was negligent.
Understanding what happened therefore usually requires a careful review of the medical records and expert medical evidence.
When Can A Surgical Complication Be Medical Malpractice?
A medical malpractice claim involving surgery does not always involve an obvious mistake in the operating room. Questions can arise at several stages of a patient’s care.
Before surgery, there may be concerns about whether the procedure was appropriate, whether relevant medical information was considered or whether necessary investigations were performed.
During the procedure, questions may arise about surgical technique, injuries to surrounding areas, anesthesia, bleeding or other complications.
The period after surgery can be equally important. A complication may become much more serious if warning signs are missed or appropriate treatment is delayed. Increasing pain, fever, changes in vital signs, bleeding, infection or other unexpected symptoms may require further assessment depending on the circumstances.
In these cases, the issue may not be that the complication occurred. Instead, the question may be whether healthcare providers appropriately recognized and responded to it.
What If The Surgical Complication Was A Known Risk?
Patients are often told before surgery that a particular complication is a known risk of the procedure. If that complication later occurs, they may assume that they have no basis to question the care they received. That is not necessarily the case.
A complication being a recognized risk does not answer the separate question of whether the patient’s care was appropriate. A known complication can occur without negligence, but it can also occur in circumstances where the way the procedure was performed or the response to the complication raises concerns.
The fact that a risk appeared on a consent form therefore does not, by itself, determine whether medical malpractice occurred.
Can A Failure To Recognize a Surgical Complication Be Medical Malpractice?
Some medical malpractice cases arise not from the surgery itself, but from what happened afterward.
Following surgery, patients may be monitored in a recovery area, hospital unit or at home depending on the procedure. Healthcare providers may need to assess symptoms, monitor the patient’s condition, review test results and respond to signs that recovery is not progressing as expected.
If a serious complication develops, timing can matter. Determining whether medical malpractice occurred may require considering not only why the complication developed, but also whether it should reasonably have been identified and treated sooner.
Causation Is An Important Part Of A Medical Malpractice Claim
Even where there are concerns about the care a patient received, showing that the care fell below the applicable standard is only one part of a medical malpractice claim. There must also be a connection between that failure and the patient’s injury.
This can be particularly important in surgical cases because the patient may already have been at risk of a complication. Medical experts may therefore need to consider what likely would have happened if appropriate care had been provided.
For example, if a complication should have been identified several hours earlier, the question may become whether earlier treatment would probably have resulted in a different outcome.
This is one reason medical malpractice cases often require detailed review of medical records, timelines and expert opinions.
When Should You Speak With a Medical Malpractice Lawyer in Ontario?
A serious complication does not necessarily mean that anyone was negligent. At the same time, patients should not assume that an unexpected outcome is simply an unavoidable risk because they were warned that complications were possible.
Questions may arise where there was an unexpected injury during surgery, a significant delay in recognizing a complication, worsening symptoms that were not investigated, inadequate postoperative monitoring or concerns about the information provided before the procedure.
Determining what happened often requires looking beyond the outcome itself and examining the care provided before, during and after surgery.
If you or a family member has suffered serious harm following surgery in Ottawa, Kingston, or elsewhere across Eastern Ontario, and you have questions about the care that was provided, Bergeron Clifford Injury Lawyers can help you understand your legal options and determine what steps may be available. Contact us today for a free consultation.
