Surgical Errors
Nebraska Surgical Error Attorney
Surgical errors are among the most preventable and most devastating forms of malpractice. Wrong-site surgery, retained sponges, damaged organs, and misuse of new devices happen every year — and hospitals fight hard to keep them quiet. We take these cases to trial when they need to go.
What to do right now
- Request the complete operative report and anesthesia record
- Do not agree to 'informal' resolution with hospital risk management
- Get any needed corrective care through a different provider
- Photograph incisions, scars, and complications on a regular schedule
What you need to know
'Never events' still happen
Wrong-site, wrong-patient, and retained-object surgeries are classified as events that should never occur. When they do, liability is usually clear.
New device misuse
Surgeons who adopt new tools without adequate training cause predictable, preventable injuries.
Informed consent matters
Even a competent surgery can be malpractice if the risks weren't properly disclosed.
Common causes
- Wrong-site or wrong-procedure surgery
- Retained surgical instruments or sponges
- Nerve, artery, or organ damage
- Anesthesia complications
- Post-op infection due to sterile-field breach
- New medical device misuse
Who can be held liable
- The operating surgeon
- Surgical assistants and residents
- Anesthesia team
- The hospital / surgical center
- Device manufacturers
Compensation we pursue
- Corrective surgery and rehab
- Extended hospital stays
- Lost income during recovery
- Permanent impairment and disfigurement
- Pain and suffering (subject to state caps)
Filing deadlines
Most Nebraska personal injury claims must be filed within 4 years from the date of injury. Iowa has a 2 year statute for injury claims and South Dakota has a 3 year automobile injury statute. Wrongful death timelines can be shorter along with claims against governmental subdivisions. Call as soon as possible — evidence disappears fast.
Frequently asked questions
My surgeon said 'complications happen.' Is that a defense?+
It's a defense argument — not a legal shield. Complications that fall outside the standard of care are still malpractice, and we prove that with experts in the same specialty.
How long do I have to sue?+
Nebraska: 2 years from the date the negligence was, or should have been, discovered — with a 10-year absolute deadline. Call as soon as possible.
Proudly serving injured clients across Nebraska, Iowa & South Dakota
Based in midtown Omaha, we represent injured people throughout the region, including Omaha, NE, Lincoln, NE, Bellevue, NE, Papillion, NE, Council Bluffs, IA, Sioux Falls, SD, Sioux City, IA, Atlantic, IA, Grand Island, NE, Kearney, NE, Fremont, NE, Norfolk, NE, Columbus, NE, Hastings, NE, North Platte, NE, Scottsbluff, NE, Denison, IA, Red Oak, IA, Yankton, SD, Vermillion, SD, Mitchell, SD. Don't see your town listed? If you were injured in Nebraska, Iowa, or South Dakota, call us — we can travel to see you.
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Injured? Talk to Jeff today.
Every call is confidential. Free consultation. You pay nothing unless we recover money for you.