San Antonio Surgical Error Attorney

Legal Guidance After a Surgery Gone Wrong

When surgery causes new injuries instead of fixing a problem, lives can change in an instant. If you believe a preventable mistake happened during an operation here in San Antonio, you may be facing pain, confusion, and growing medical bills. You might also wonder whether you can ever trust a doctor again.

At Kemmy Law Firm, P.C., we help patients and families who suspect a serious surgical mistake, including wrong-site surgery, wrong procedures, and other operating room errors. Our family has been practicing law in Texas since 1950, and our firm has represented injured people since 1986. Over the years, we have recovered more than $200 million for clients in serious injury and wrongful death cases.

We prepare every matter as if it could go to trial, and that reputation gives our clients leverage when they are up against hospitals and insurers. If you are looking for a surgical error lawyer in San Antonio who will listen, explain your options clearly, and treat you with dignity, we are here to talk. 

You can reach our team at (830) 264-6297 for a free consultation.

What Is a Surgical Error?

A surgical error occurs when a preventable mistake is made before, during, or after a surgical procedure, causing harm to the patient. Not all surgical complications qualify as malpractice. However, when a surgeon or medical professional fails to meet the accepted standard of care and a patient is injured as a result, the error may form the basis of a valid medical malpractice claim.

Surgical errors can happen in hospitals, outpatient surgical centers, and emergency settings. In many cases, these mistakes are entirely avoidable with proper planning, communication, and adherence to established medical protocols.

Common Types of Surgical Errors

Surgical mistakes can take many forms. Some of the most common types of surgical errors seen in San Antonio medical malpractice cases include:

• Wrong-site surgery, such as operating on the wrong body part or the wrong side of the body
• Wrong-patient surgery, where a procedure is performed on the incorrect patient
• Foreign objects left inside the body, including sponges, clamps, or surgical tools
• Anesthesia errors, such as administering the wrong dosage or failing to monitor the patient
• Nerve or organ damage caused by careless surgical technique
• Unnecessary surgery performed due to misdiagnosis or poor judgment
• Post-operative errors, including failure to monitor for infection or internal bleeding
• Surgical instrument malfunctions or misuse

These mistakes can lead to severe pain, permanent disability, and life-altering complications.

Common Causes of Surgical Errors

Surgical errors often result from systemic failures rather than a single mistake. Common causes include:

• Poor communication among surgeons, nurses, and anesthesiologists
• Inadequate preoperative planning or patient evaluation
• Failure to follow surgical safety protocols, such as checklists and time-outs
• Fatigue or overworked medical staff
• Insufficient training or experience
• Rushed procedures or understaffed facilities
• Failure to review patient medical history or imaging

When hospitals or healthcare providers prioritize speed, cost-cutting, or efficiency over patient safety, the risk of surgical error increases dramatically.

Short- & Long-Term Effects of Surgical Errors

The impact of a surgical error can extend far beyond the operating room. Victims may suffer both immediate and lifelong consequences.

Short-Term Effects

• Severe pain and complications
• Surgical site infections
• Internal bleeding
• Extended hospital stays
• Additional corrective surgeries
• Emotional distress and anxiety

Long-Term Effects

• Permanent disability or loss of function
• Chronic pain or nerve damage
• Organ failure or amputation
• Reduced quality of life
• Inability to work or earn income
• Psychological trauma, including PTSD or depression
• Wrongful death in the most severe cases

Our San Antonio surgical error lawyer can evaluate how these damages affect your life and pursue full compensation for both current and future losses.

Who Can Be Held Liable for a Surgical Error?

Multiple parties may be responsible for a surgical error, including:

• The surgeon
• Anesthesiologists
• Nurses or surgical technicians
• The hospital or surgical facility
• Medical device manufacturers (in equipment-related failures)

Texas medical malpractice cases often involve complex liability issues. Kemmy Law Firm, P.C. works with medical experts to identify all negligent parties and build a strong, evidence-based claim.

Compensation Available in Surgical Error Claims

Victims of surgical negligence in San Antonio may be entitled to compensation for:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Physical impairment or disfigurement
• Loss of enjoyment of life
• Wrongful death damages for surviving family members

Texas law places certain caps on non-economic damages in medical malpractice cases, making experienced legal representation essential.

Surgical Error FAQs

How do I know if I have a surgical error case?

If your injury was preventable and caused by a healthcare provider’s failure to meet the standard of care, you may have a claim. A lawyer can review medical records and consult experts to determine liability.

Is a bad surgical outcome always malpractice?

No. Some complications occur even when proper care is provided. Malpractice occurs only when negligence causes the injury.

How long do I have to file a surgical error lawsuit in Texas?

In most cases, Texas law requires medical malpractice claims to be filed within two years of the date of injury or discovery. Exceptions may apply.

Do I need expert testimony for a surgical error claim?

Yes. Texas law requires expert medical opinions to establish negligence and causation.

What if the hospital denies responsibility?

Hospitals and insurers often fight these claims aggressively. An experienced San Antonio surgical error lawyer can protect your rights and handle negotiations or litigation.

Why Families Choose Kemmy Law Firm

After a surgical mistake, choosing the right legal team is a deeply personal decision. Many of our clients come to us after feeling ignored or dismissed by the very professionals they trusted with their health. They want attorneys who will take their experience seriously and who have the strength to confront large medical institutions.

We are a multi-generational, family-run firm. Our roots in Texas law date back to 1950, and Kemmy Law Firm, P.C. has represented injured people since 1986. During that time, we have secured more than $200 million for clients, including multiple eight-figure verdicts in complex cases. That history matters when you need a surgeon malpractice attorney San Antonio who can stand up to insurers and defense lawyers.

Our attorneys prepare every case for trial. Defense firms and insurance carriers know we are willing to go to court, and that reputation often improves our clients’ bargaining position. Several lawyers on our team started their careers as prosecutors, and our founder previously worked for a premier insurance defense firm. That background helps us anticipate how hospitals and insurers may try to defend surgeon malpractice claims.

Just as important, we pride ourselves on how we treat people. Clients tell us they appreciate that we treat them like family, that we return calls, answer questions in plain language, and give honest assessments even when the subject is difficult. For families dealing with a surgical error in San Antonio, that combination of courtroom experience and genuine care can provide a measure of stability during an uncertain time.

Call (830) 264-6297 to speak with our team.