Surgical Errors
A surgical error occurs when the actions of the surgeon or medical team deviate from the lex artis ad hoc. Not every adverse outcome implies negligence: expert assessment is essential to differentiate between complication and malpractice.
A surgical error implies an action contrary to the lex artis during the surgical procedure. For liability to exist, the deviation must be a direct cause of the harm suffered by the patient. Some complications are inherent to the surgical procedure even when performed correctly.
Liability may fall on the surgeon or medical team (deficient execution), the anesthesiologist (errors in pre-anesthetic evaluation, drug administration or monitoring), the healthcare facility (organizational failures or protocol breaches), or the insurer (direct action under art. 76 LCS).
If a surgical error is suspected, it is advisable to immediately gather all clinical documentation: complete medical history, operative reports, anesthetic records and complementary tests. Early expert review helps identify omissions, technical failures and causal links.
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Frequently Asked Questions
Time limits vary by legal avenue: healthcare liability (1 year), contractual civil action (5 years), non-contractual civil action (1 year from stabilization of sequelae). It is essential to consult as soon as possible to preserve evidence and meet deadlines.
Not every adverse outcome implies negligence. The difference lies in whether the medical action conformed to the lex artis ad hoc. A medical expert analyzes whether there was deviation from required standards and whether that deviation caused the harm.
Yes, the medical expert report is essential to establish whether there was deviation from the lex artis and the causal relationship with the harm. Each case is analyzed according to clinical documentation, applicable surgical standards and expert causation criteria.
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