Portner & Shure has recovered over $400 million on behalf of our clients. Ready to explore your case? Click HERE for a Free Case Evaluation.

Surgical Negligence

Surgical Negligence Lawyers in Maryland, Virginia & Washington, D.C.

Lawsuits After Unacceptable Surgical Mistakes

If you or a loved one were hurt due to surgical negligence, know that our experienced litigation team is ready to stand by your side. Our injury attorneys are committed to providing excellent legal counsel when it matters the most. We know that success in your case can help you regain financial security and peace of mind while also helping reduce the risk that the same medical team will make a similar mistake again. With so much on the line, we won’t slow down or back down, no matter how much the defendant pushes back.

Choose the law firm that fights for patients. Call (855) 954-4141 and ask for a free case evaluation with Portner & Shure, P.A.

What is Surgical Negligence?

Surgical negligence, a type of medical malpractice, refers to any preventable error that occurs during surgery and leads to patient harm. It also extends to post-operative care, where negligence might be identified in the form of poor infection control or inadequate follow-up. To qualify as surgical negligence, it must be demonstrated that the surgeon's actions deviated from the accepted standard of care that another medical provider would have followed, and this deviation directly resulted in harm to the patient.

Different Forms of Surgical Negligence

Surgical negligence can involve various forms of preventable errors, all of which can be traced back to the mistake of a medical provider. This could be a surgeon, a surgeon's assistant, a post-op care specialist, a nurse, or any other healthcare professional involved in the patient's surgical process. Each form of negligence represents a deviation from the accepted standards of medical care, leading to the patient’s harm or injury.

A few of the most common forms of surgical negligence are:

  • Operating on the wrong body part: When a surgeon performs an operation on an incorrect body part, often due to miscommunication, improper patient identification, or failure to properly mark the surgical site, the results can be catastrophic and life-changing.
  • Performing an unnecessary procedure: A common form of surgical negligence is conducting a surgical procedure that is not medically required. It may arise from misdiagnosis, misinterpretation of test results, or failure to explore and discuss non-surgical options with the patient.
  • Leaving a surgical instrument inside the patient: Sometimes, surgeons can inadvertently leave surgical tools such as sponges, clamps, or needles inside a patient's body. This mistake usually happens due to poor counting procedures or oversight during surgery.
  • Damaging nearby body parts: During surgery, a surgeon may unintentionally damage organs, tissues, or nerves near the surgical site due to lack of skill, failure to use the appropriate surgical technique, or carelessness.

What Causes Surgical Negligence?

Surgical negligence can be caused by many issues, including but not limited to:

  • Inexperience: Surgeons or medical staff who lack sufficient training or experience may make mistakes during surgical procedures.
  • Fatigue: Overworked healthcare professionals may be prone to errors due to decreased alertness and impaired decision-making capabilities.
  • Poor hygiene: Failure to adhere to strict hygiene protocols, such as proper sterilization of instruments or handwashing, can lead to post-operative infections.
  • Inadequately maintained surgical theaters: Outdated or poorly maintained surgical environments can increase the risk of errors, as essential equipment may be missing or malfunctioning.
  • Communication failures: Miscommunications or misunderstandings among the surgical team regarding a patient's condition, surgical plan, or medical history can lead to preventable mistakes.
  • Systemic issues: Problems within the healthcare facility itself, such as understaffing, inadequate training, or a culture that does not prioritize patient safety, can also contribute to surgical negligence.

Proving Surgical Negligence

Proving surgical negligence is a complex process that requires a full understanding of both the legal and medical fields. Our trusted medical malpractice attorneys are uniquely positioned to handle these challenges due to our extensive experience and access to a wide range of resources. We can leverage our experience in handling similar cases to conduct a thorough investigation into the incident of surgical negligence. We dive into medical records, consult with relevant experts, and interview witnesses to build a powerful claim on your behalf.

Furthermore, our firm has the reputation, resources, experience, and compassion to work closely with medical experts in Maryland, Virginia, and Washington, D.C. Such experts can prove that the standard of care provided fell below what is expected in the medical community. They can meticulously review the case details and identify where and how the surgeon or medical staff failed to provide the appropriate level of care.

See How to Start a Claim – Contact Our Injury Firm Now

At Portner & Shure, P.A., we understand the devastating impact that surgical negligence can have on your life. Our trusted attorneys are committed to providing you with the legal representation you need to navigate this challenging time. With our extensive resources, we are well-equipped to build a compelling case that can secure the justice and compensation you deserve. Remember, you don't have to face this alone—we're here to stand by your side and fight for your rights every step of the way.

Contact us today to discuss your case and learn more about what to do next.


  • “From day one the phone call to this law firm was very attentive”

    - M.W.
  • “Highly recommend”

    - H.K.
  • “Answered all of our questions”

    - E.M.


  • We offer legal representation in English, Spanish, Hindi, Korean, Vietnamese, & Chinese languages.
  • We have aggressive litigation tactics, skill, and passion.
  • We have offices in Maryland, Virginia & Washington, D.C.
  • Over 30 Years of Experience Serving Clients
  • We have received countless 5-star Google & Facebook reviews.
  • We have recovered over $400 million on behalf of our clients.

When you hire Portner & Shure, you can expect more from your representation. In addition to getting an attorney, you will get a committed advocates you has your best interests at heart.

  • Multi-Million Dollar Advocates Forum
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Best Attorneys of America
  • The National Trial Lawyers
  • Virginia Trial Lawyers Association
  • 5-Star Google Reviews
  • Lead Counsel Rated
  • Maryland Association for Justice
  • 10 Best Client Satisfaction Award 2016-2021
  • 10 Best Client Satisfaction Award 2016-2021
  • American Association for Justice
  • Avvo Rating Top Attorney
  • Avvo Superb Rating Top Attorney
  • US News & World Report Best Law Firms 2019
  • Million Dollar Advocates Forum - Jonathan Portner