Surgical errors are shockingly common, so it’s not a surprise that surgical error lawsuits are fairly common, too. Is it worth is to contact a surgical error lawyer? What are the odds of winning a lawsuit?

Ask a Surgical Error Lawyer: What Are the Odds of Success in a Surgery Suit?

This question is hard to answer because there are both objective and subjective considerations. “Odds” is a mathematical concept, but the success of any lawsuit depends on some subjective considerations, like:

• The relative merits of the case

• The amount of evidence you have

• The skill of the victim’s attorney

• The skill of the defendant’s attorney

What all this means is that it’s very difficult to know how likely it is that your case will be won without a consultation with an attorney who can review all the facts of your case. Visit this page to connect with experienced medical malpractice attorneys in your area and get started reviewing the details of your case.

By the Numbers The National Institute of Health did a study of medical malpractice cases, and they found that when victims had strong evidence for their claims, they won about 50% of the time. When claims were backed by much weaker evidence, victims won fairly rarely. One of the upshots of this study was to show that the system tends to favor doctors and the medical establishment. That makes it all the more essential to get a qualified lawyer on your side if you need to make a claim.

Increasing Your Odds of Winning

Gathering Good Evidence

The evidence you can present is a major consideration in your odds of winning a claim. It’s not enough to simply suffer an injury during a surgical procedure. To win, you must show that the person or entity you are suing had a duty of care to you which was breached, that this breach was the direct cause of your injuries and that these injuries caused you damage.

Duty of Care

You must establish, with evidence, that the entity you are suing owed you a duty of care: that is, they had a moral and legal responsibility to you. This is usually the easiest thing to prove, though it’s important to remember that some people involved in the surgery might not have owed you a duty of care.


The next step is to prove that someone failed in their duty of care. They can do this by acting in a way contrary to established best practices or by failing to act at all when they should have.

Direct Cause of Injuries

You next must prove that the specific breach of care you’re asserting directly injured you.

Injuries Caused You Harm

Finally, you must be able to prove that the injuries you’ve suffered as a direct result of this failure of care have caused you damage. For example, if your anesthesiologist gave you an incorrect dosage of anesthesia during surgery, but the medical personnel in the room noticed and acted quickly to rectify the situation, then you may be able to say that technically you were injured, and there was a failure of duty of care on the part of the anesthesiologist, but you may not be able to claim you were truly harmed if the mistake was caught and addressed quickly. It all depends on the situation, but it can be harder to prove all these elements than it might seem at first. That’s why the next point is so crucial.

Working With a Skilled Lawyer

The next important element in bettering your odds of winning a settlement is to work with a skilled lawyer. It is very rare for someone to win a surgical error lawsuit by trying to represent themselves. Working with an inexperienced lawyer isn’t advisable, either. While there are many types of personal injury lawsuits, and lawyers may be skilled in some types, your best odds of success come with working with lawyers who have specific experience in the realm of medical malpractice. It’s even better if your attorneys have dealt with surgical error medical malpractice cases before.

Getting Started Quickly

Your odds of winning are greater if you file suit as quickly as possible. For one thing, this demonstrates that you noticed the issue immediately: it’s not something you made up later when the weight of medical bills began to weigh heavy on your budget. For another, the longer you wait, the more likely it is that memories will fade and evidence may even disappear. It’s not easy to win a surgical error case, but with a good lawyer on your side, it’s not impossible. If you think you might have a case, contact a lawyer right away to get started. Only a lawyer will be able to tell you what your odds are of winning your surgical injury lawsuit.