When Surgical Errors Become Medical Malpractice Cases in Illinois
Ehsan Eftekhari

Surgery is supposed to improve a patient’s health — not create new problems. While every procedure carries some level of risk, certain mistakes go far beyond acceptable medical complications. When a preventable surgical error causes serious harm, Illinois law may recognize it as medical malpractice.

What Counts as a Surgical Error?

Surgical errors are avoidable mistakes that occur during a procedure. These are not the natural risks you agree to when giving informed consent — they are preventable lapses in judgment, communication, or safety. Common examples include:

  • Operating on the wrong body part
  • Performing the wrong procedure
  • Leaving surgical tools or sponges inside the patient
  • Damaging organs or nerves unnecessarily
  • Anesthesia mistakes
  • Failure to monitor vital signs
  • Improper sterilization leading to severe infection

These types of mistakes are often called “never events” because they simply should never happen in a functioning medical environment.

How Surgical Errors Become Medical Malpractice Cases

Not every bad surgical outcome is malpractice. To pursue a medical malpractice case in Illinois, we must show:

1. A doctor–patient relationship existed

This part is usually straightforward — if your surgeon agreed to treat you, they owed you a legal duty of care.

2. The surgeon (or surgical team) was negligent

Negligence means the medical professional failed to act as a reasonably careful provider would under similar circumstances. Surgical errors are one of the clearest forms of negligence because they often fall well outside accepted medical standards.

3. That negligence caused your injury

You must show that the surgical mistake directly led to harm — additional surgeries, infections, disability, or long-term complications.

4. You suffered measurable damages

This can include medical bills, lost income, pain and suffering, disability, or reduced quality of life.

Why Surgical Error Cases Are So Serious

Surgical mistakes often cause catastrophic injuries — complications that permanently impact your health, your ability to work, and your daily life. Many cases involve:

  • Significant corrective surgeries
  • Permanent disability
  • Chronic pain
  • Organ damage
  • Severe infection or sepsis
  • Long-term rehabilitation

Because the consequences are so severe, surgical error cases frequently require thorough investigation, expert medical testimony, and aggressive advocacy.

How Our Firm Helps Victims of Surgical Errors

At Eftekhari Law Offices LLC, we help patients and families across Evanston, Chicago, and throughout Illinois understand their rights after a surgical mistake. We investigate what happened, work with trusted medical experts, and fight to hold negligent hospitals, surgeons, anesthesiologists, and medical staff accountable.

You deserve honest answers, clarity, and a team that puts your well‑being first. If you or a loved one suffered harm from a preventable surgical error, we’re here to help guide you through the next steps.

Contact us today for a free consultation — you don’t pay unless we win.

Eftekhari Law Offices LLC
701 Main Street, Evanston, IL 60204
(312) 283‑0905
www.eftekharilaw.com