How Do I Know If I've Experienced a Surgical Error?

 Posted on August 25, 2026 in Medical Malpractice

Surgical errors are a type of medical malpractice. They can cover everything from operating on the wrong area to leaving surgical tools inside a patient. It can sometimes be difficult to tell whether a surgical error has happened. If one has, it can be hard to know whether it counts as malpractice.

If you suspect that your recovery isn't going the way it should, you should speak to the surgical team about whether there are complications. If there are, a McHenry County, IL medical malpractice lawyer can help you determine whether you have grounds for a malpractice claim in 2026.

What Counts as a Surgical Error in Illinois?

Surgery carries inherent risks even when done correctly. No doctor can guarantee a perfect result every time, no matter how skilled they are. Infections, bleeding, and even nerve irritation can occur even when everything was done based on the accepted standard of care.

A surgical error can amount to malpractice when the surgeon or surgical team did something a reasonably careful provider with similar training wouldn't have done. It can also happen when they fail to take a step that a careful provider would have taken.

Common examples of surgical error include:

• Operating on the wrong site, side, or patient

• Leaving a tool such as a sponge or clamp inside the body

• Administering an incorrect dose of anesthesia

• Damaging a nerve or organ through improper technique

• Causing a preventable infection through unsterilized equipment

Failure by the post-surgical team to give patients proper treatment or monitoring after surgery can also lead to a medical malpractice claim.

How Do You Prove an Illinois Surgeon Did Not Meet the Standard of Care?

To prove that a surgical error happened, you generally need to show that your provider did not do what a similarly trained surgeon would have done in the same situation. You must also show that whatever harm you suffered was directly connected to this failure. The difference between what should have happened and what did happen can help confirm that your condition is from negligence rather than an unavoidable complication.

Your medical records often become central evidence. The surgical team's own notes and equipment counts from the operation can also be valuable, depending on what went wrong with your surgery. Another surgeon in the same specialty may need to review any records and explain where the care fell short.

Why Does Illinois Require a Health Professional to Review Your Case Before You File a Malpractice Claim?

Illinois law generally requires a plaintiff's attorney to file an affidavit stating that a qualified health professional reviewed the case. The health professional must provide a written report finding a "reasonable and meritorious cause" for filing the case (735 ILCS 5/2-622). This review helps weed out cases that do not actually qualify as malpractice.

If you file without the affidavit, a court can dismiss your case. For this reason, it's helpful to talk to a lawyer as soon as you suspect something went wrong with your surgery.

How Long Do You Have to File a Surgical Error Claim in Illinois?

Illinois generally gives you two years from when you knew, or reasonably should have known, about an injury to file a malpractice case. This is sometimes called the "discovery rule." The discovery rule is important because some surgical errors, like a retained instrument, aren't found until well after the original procedure.

Illinois law has additional guidelines that limit the total time you have to discover an injury and file a claim. Most adult medical malpractice claims have a hard cutoff four years from the date the medical error occurred. Some exceptions exist, especially regarding minor children.

Call a Lake Zurich, IL Medical Malpractice Lawyer Today

If you suspect that you have suffered surgical malpractice, the best time to investigate is now. Our McHenry County, IL personal injury attorneys are a father-and-daughter team who can help you find out whether you have the right to compensation.

We have more than 25 years of combined personal injury experience. We offer free consultations so you can understand your options. Call Salvi Law, Inc. at 847-796-8448 today to talk about your case.