When veterans and military families seek surgical care at Utah's VA medical centers and military hospitals, they trust these facilities to provide competent, life-saving treatment. Unfortunately, preventable surgical errors continue to occur at federal medical facilities. These errors cause devastating injuries that proper care could have avoided. The Federal Tort Claims Act (28 U.S.C. § 2671-2680) allows patients to seek compensation from the U.S. government when federal healthcare providers cause injuries through negligence.
At the Archuleta Law Firm, our founding attorney brings a unique combination of medical and legal expertise as both a licensed physician (MD) and attorney (JD). This dual background allows us to immediately identify when surgical errors represent departures from accepted medical standards of care. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act cases, we understand the complex intersection of federal law and medical malpractice. We represent clients in Utah federal facilities for wrong-site surgeries, retained surgical instruments, anesthesia complications, and post-operative care failures. We have successfully handled cases ranging from routine outpatient procedures gone wrong to complex cardiac and neurological surgeries where surgical errors resulted in permanent disabilities.
If you or a loved one suffered injuries due to surgical errors at a Utah VA or military facility, you have specific legal rights under the FTCA. However, these claims must be filed within two years of when the injury occurred or was discovered, making prompt legal action essential to protect your rights.
Common Types of Surgical Errors at Utah Military & VA Hospitals
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Wrong-Site Surgery: When surgeons operate on the incorrect body part, limb, or organ due to failures in pre-operative verification protocols, patients suffer unnecessary trauma. They may require additional corrective procedures that could have been avoided. These errors often result from inadequate patient identification procedures, failure to mark the surgical site properly, or breakdown in the "time-out" protocol required before incision. Examples include operating on the wrong knee, removing the wrong kidney, or performing spinal surgery at the incorrect vertebral level, which can leave patients with permanent disabilities while their original condition remains untreated.
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Retained Surgical Instruments: Leaving sponges, clamps, or other surgical tools inside a patient's body after surgery violates basic surgical safety protocols. This can cause infections, internal injuries, and the need for emergency revision surgery. Surgical teams cause these incidents by failing to accurately count instruments, rushing closures, or inadequately inspecting the surgical site. Retained objects can migrate through the body, cause severe infections, create adhesions that complicate future surgeries. In some cases, they can perforate organs or blood vessels, leading to life-threatening internal bleeding.
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Anesthesia Errors: Improper dosing, failure to monitor vital signs, or inadequate pre-operative assessment of patient medical history can result in brain damage, cardiac arrest, or death during what should have been routine procedures. These errors include administering incorrect medications, failing to recognize allergic reactions, inadequate airway management, or improper positioning that compromises circulation. Anesthesia complications can also arise from failure to properly evaluate patient risk factors such as sleep apnea, heart conditions, or drug interactions that could affect anesthetic response and recovery.
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Post-Operative Infection Control Failures: Medical staff who ignore proper sterilization procedures or infection signs put patients at risk of sepsis, organ failure, and life-threatening complications. These failures include inadequate hand hygiene, improper wound care, contaminated surgical instruments, or failure to administer prophylactic antibiotics when indicated. Healthcare-associated infections can extend hospital stays, require additional surgeries for debridement or drainage. In severe cases, they can lead to amputation or death from overwhelming sepsis.
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Inadequate Surgical Planning: Surgeons who rush into complex procedures without proper imaging, specialist consultation, or risk assessment demonstrate negligence. This can lead to catastrophic complications. Poor planning can result in inadvertent injury to adjacent organs, incomplete procedures that require reoperation, or complications that could have been prevented with proper preparation.
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Communication Breakdowns: Failures to communicate critical patient information between surgical team members, or inadequate handoff procedures between shifts, can result in serious errors. These breakdowns include unclear or incomplete documentation, failure to report changes in patient condition, inadequate briefing of incoming staff, or miscommunication about surgical findings and post-operative instructions. Poor communication can lead to delayed recognition of complications, inappropriate medication administration, or failure to provide necessary monitoring and interventions during the critical post-operative period.
Utah Federal Medical Facilities We Serve
Our firm represents surgical error victims at major federal medical facilities throughout Utah, where complex procedures and high patient volumes can sometimes lead to preventable mistakes.
**George E. Wahlen Department of Veterans Af