Errors in Minimally Invasive Surgeries: What You Need to Know
Introduction
Minimally invasive surgeries have transformed the medical landscape in recent decades, allowing for interventions with less aggressiveness, fewer complications, and much faster recovery compared to conventional surgery. However, despite their advantages, these procedures are not without risks. Errors in minimally invasive surgeries can have serious consequences for the patient and lead to medical negligence claims. Therefore, understanding these errors, their causes, and their legal implications is essential for patients, healthcare professionals, and legal practitioners alike.
What is Minimally Invasive Surgery?
Minimally invasive surgeries encompass surgical techniques that use small incisions and advanced technology (such as laparoscopy, endoscopy, or robotic surgery) to treat diseases or injuries. These techniques allow access to the inside of the patient's body, reducing tissue damage, shortening intervention time, minimizing the risk of infections and bleeding, and facilitating much faster recovery.
Main Advantages:
- Less postoperative pain
- Shorter hospitalization time
- Accelerated recovery and minimal scarring
- Lower risk of infections and bleeding
Main Errors in Minimally Invasive Surgeries
While the risk of complications and errors is generally lower than in traditional surgery, there are specific problems associated with the technique and technology used. The most common errors include:
Accidental damage to nearby organs and structures
The use of cameras and precision tools through small openings can cause unintentional injuries to adjacent organs, blood vessels, nerves, or tissues.
Undetected bleeding
Limited visibility and reliance on monitors can make it difficult to identify bleeding during or after the procedure.
Thermal injuries
The use of electric or energy instruments can cause burns or thermal damage to surrounding tissues.
Incomplete or incorrect removal of damaged tissue
Poor technique handling can prevent the total removal of tumors, stones, or diseased tissues.
Complications from faulty equipment or technology
Failures in cameras, insufflators, electric scalpels, or surgical robots can result in serious errors.
Post-surgical infections
If asepsis protocols fail, infections can occur even with minimal incisions, though the risk remains lower than in open surgery.
Causes of Errors in Minimally Invasive Surgery
- Lack of experience or specific training of the surgeon
- Learning curve inherent to new technologies
- Failures in coordination and communication of the surgical team
- Malfunction of technological equipment
- Difficulty in spatially assessing the surgical field (2D vision versus natural 3D)
- Omission of standard protocols or clinical guidelines
When is There Medical Negligence?
In the context of minimally invasive surgery, medical negligence occurs when there is an unacceptable deviation from the “lex artis ad hoc,” meaning when the healthcare professional does not act according to accepted standards and protocols, causing harm that could have been avoided.
For negligence to exist, it must be demonstrated:
- Lack of technical or ethical diligence required of the professional
- Actual and objectifiable harm to the patient
- Direct relationship between incorrect action and the damage caused
Examples of Negligence:
- Injuries to vital organs due to lack of skill or expertise of the surgeon
- Failure to identify or correct intraoperative bleeding
- Omission of informed consent regarding specific procedure risks
Legal Consequences of Errors in Minimally Invasive Surgery
When negligence is proven, the patient has the right to claim compensation for physical, moral, and financial damages. The professional and/or the healthcare center may also face administrative, civil, and even criminal sanctions, depending on the severity of the case.
Steps to Take if Negligence is Suspected:
1. Request the complete clinical record and procedure documentation.
2. Contact a lawyer specialized in medical negligence.
3. Obtain independent medical expert reports.
4. File the administrative or judicial claim as appropriate.
Error Prevention and Professional Defense
- Continuous training and updating of healthcare staff
- Proper and verified use of surgical technology
- Special attention to the learning curve of professionals
- Involve the patient in the process by providing clear and precise information
- Thoroughly document informed consent
Conclusion
Minimally invasive surgeries have substantially improved surgical safety and efficiency, but require maximum updating and technical rigor. In case of any suspicion of error or harm, swift action with the help of legal specialists and medical experts is key to protecting the patient's rights.
Have you suffered complications after a minimally invasive surgery? Our firm, a leader in healthcare law, represents you with the utmost professional and human rigor. Schedule an appointment and defend your rights.
Review and Update
The information presented here has been verified with the most current resources, noting that in 2024, trends towards safer and shorter surgeries continue to consolidate, but the absolute recommendation of technical rigor and continuous training remains, as errors, although less frequent, can be devastating.
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