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How to Identify and Prove Surgical Mistakes in Elders

operation roomMedical care for elders is an essential part of ensuring our senior loved ones remain healthy. In some cases, surgery may be necessary to alleviate chronic pain or to improve quality of life. By nature, surgeries are scary enough without worrying about something going wrong.

Surgical mistakes can have devastating consequences, ranging from worsened injuries or death to emotional distress for the victim and their families. If you believe your elderly loved one is a victim of surgical error, you may have the grounds to file a lawsuit. However, before taking action, it is crucial to understand how to properly identify and prove surgical mistakes in elders. Having an experienced medical malpractice lawyer from Dalli & Marino, LLP on your side will save you a lot of stress and uncertainty.

What Is a Surgical Mistake?

Surgical mistakes are unintended, though preventable, actions or omissions during a surgical procedure that can cause temporary discomfort or severe complications, resulting in long-term disability or even death. Complications from surgical errors often require further treatment that would have otherwise been unnecessary.

Because of the delicate nature of surgeries, particularly for already weak seniors, surgeons need to take added care during surgery. However, surgeons are not exempt from making errors. These errors may include operating on the wrong organ, providing the wrong dosage of anesthesia, improper postoperative treatment, or even surgery that should have never been performed in the first place. These errors can worsen the already vulnerable health of your elderly loved ones.

Identifying Surgical Mistakes in Seniors

To uphold patient well-being, hold medical professionals accountable, and potentially pursue legal action, you should take specific steps to identify surgical mistakes:

  • Review Documents: Thoroughly examine all relevant medical records, including pre-operative assessments, consent forms, surgical notes, postoperative care instructions, and any communication between medical staff. Look for any contradictions or gaps in the information that could point to an error.
  • Get a Second Medical Opinion: If you have questions regarding a surgical procedure, seek the advice of another experienced healthcare expert. An unbiased evaluation can help confirm any deviations from the standard of treatment.
  • Have the Elder Undergo a Physical Examination: After the surgery, closely monitor the elder’s recovery. If you notice any unexpected symptoms, complications, or persistent pain that were not discussed as potential outcomes, it could indicate a surgical blunder.

You need to be watchful and proactive to identify potential problems early. If you have any suspicions about how your senior loved one’s surgery went, consult Dalli & Marino, LLP today.

Proving Surgical Mistakes in Elders

To successfully demonstrate that a surgical mistake occurred and led to harm, you need to provide evidence that shows negligence on the part of the healthcare provider, along with a direct link between the error and the resulting injuries or complications.


Negligence refers to the failure of a healthcare provider to meet the accepted standard of care, which is the level of care that a reasonably skilled and prudent medical professional would have provided in similar circumstances. Your lawyer can help you determine negligence by investigating the standard of care that should have been provided to the elderly patient in the given situation.


Causation is the link between the healthcare provider’s negligence and the damages suffered by the patient. To establish causation in a surgical mistake case, your lawyer will have to demonstrate a direct cause-and-effect relationship between the surgical mistake and the patient’s injuries or complications and rule out other potential causes of the patient’s injuries or complications.

Take Action to Secure Your Senior Loved One’s Rights with Dalli & Marino, LLP

When dealing with surgical mistakes in elders, seeking legal assistance becomes vital. Dalli & Marino, LLP is a team of experienced medical malpractice attorneys who specialize in advocating for victims of medical negligence. Our skilled legal team will tirelessly work to demonstrate that the surgical mistake directly led to the patient’s injuries, complications, or worsened condition. 

If you suspect that you or a loved one has been a victim of a surgical mistake, do not hesitate to reach out. Contact us today at (888) 465-8790 to schedule a free consultation. We also speak Spanish.

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