Surgical Errors Lawyer in Charleston, WV

Charleston, West Virginia Surgical Errors Attorney

Surgeons and medical professionals have a duty to abide by tested, standard, and safe procedures and protocols. Surgeons are trained for years and years and are not permitted to perform surgery until they are proficient in their area of expertise. When a patient undergoes surgery, their lives are literally in the hands of surgeons and the surgical team. If a surgeon does not properly conduct a surgical procedure, the result may be catastrophic or result in wrongful death. If you were a victim of a surgical error, you may be entitled to compensation for your injuries, including medical expenses, pain and suffering, lost income and more in a medical malpractice claim. At Tiano O’Dell, PLLC, a dedicated West Virginia surgical errors attorney stands ready to represent clients who have been harmed by surgical errors. It is imperative to preserve your rights to a claim for compensation. To discuss your case, a complimentary consultation is available.

Surgical Errors Practice

  • Our attorneys have more than 20 years of experience handling medical malpractice claims in West Virginia. Not every personal injury attorney has the knowledge and skills necessary to handle sophisticated medical malpractice claims. We have top-of the-line resources, including relationships with outstanding medical experts, to help prove our surgical errors claims.
  • We know that going up against medical professionals and institutions may be intimidating for some people, but our attorneys are not afraid. We regularly take on powerful defendants, insurers, and their legal teams. Our record of successfully recovering compensation for our injured clients demonstrates that no case is too large or complex for our medical malpractice team.
  • Surgical errors can lead to significant complications. We know that our clients often feel as though they are facing an uphill battle as they try to recover from their medical malpractice complications. Our attorneys will take over and manage every aspect of your claim, from ensuring that all paperwork is timely filed, to investigating your claim, and negotiating with defendants and insurance companies.


Surgical errors result from negligence on the part of the surgeon, hospital and/or others related to the particular case. If you have been the victim of any of the following injuries, it is in your best interest to consult a knowledgeable Charleston surgical errors attorney as soon as you’re able. Some of the more common surgical errors include the following:

  • Unsterile medical instruments – medical instruments obviously must be free of bacteria and contaminants
  • Operating on the incorrect limb or body part – although it would seem virtually impossible to actually operate on the incorrect limb, this is not uncommon
  • Inadvertent organ puncture or damage – during surgery, an otherwise healthy organ may be unintentionally punctured or damaged by error
  • Not scheduling surgery when needed – surgery must be scheduled as needed. If surgery is delayed, prolonged, or completely avoided, serious illness or death may result
  • Leaving medical instruments in the body – unfortunately, medical instruments are all too frequently left inside the body after surgery, requiring a second surgery to remove the object(s) if this error does not initially result in a fatality
  • Negligent follo- up care and treatment – Medical care does not stop when the surgery is complete. Follow-up treatment is necessary to care for the surgical site, ensure that the patient gets pain medicine and other prescriptions, and watch for signs of infection.
  • Other types of medical negligence

Surgical Errors Compensation

Surgical error consequences often require patients to go through additional surgeries and treatments to correct the mistakes. This may result in more time off work and lost wages. You also may experience unnecessary and additional pain and suffering that you would not have otherwise experienced had you not received negligent medical care. To maximize your compensation, your losses must be fully evaluated and calculated. Compensation in surgical errors cases often includes lost wages, loss of earning capacity, disability, medical expenses, future medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.

Fatal Surgical Errors

Unfortunately, surgical errors sometimes lead to fatal injuries. When this happens, surviving family members are left with the grief of losing a loved one and anger that their loved one’s death was due to medical negligence. If you lost a family member due to negligent medical treatment, you and other surviving family members may be entitled to compensation under a wrongful death claim. In West Virginia, wrongful death claims are brought by the decedent’s personal representative on behalf of surviving family members, including but not limited to spouses, children, stepchildren, parents, siblings, and those who were financially dependent on the decedent. Depending on your circumstances, recoverable compensation in a wrongful death claim may include:

  • Loss of the decedent’s financial support and benefits, such as retirement and pension benefits.
  • The value of the decedent’s household services, such as childcare and home maintenance.
  • Out-of-pocket expenses, including medical bills and funeral costs.
  • Loss of the decedent’s society and companionship.
  • Mental anguish due to losing your loved one.
  • Other losses that you and your family members have suffered as a result of your family member’s death.


If you were injured by a surgical error, you may be entitled to compensation in a personal injury lawsuit. It is vital you and your surgical errors attorney file your claim during the time allotted in the statute of limitations. Tiano O’Dell, PLLC represents clients throughout the state who were harmed by surgical errors.

During the past 20 years, they have represented thousands of clients and handled thousands of different personal injury claims with successful results.

In a surgical errors case, your West Virginia medical malpractice lawyer will utilize the expertise of top medical professionals and other experts who will help to meticulously analyze and build your case. Most cases are settled out of court in a confidential settlement. In those cases where the insurance companies and other responsible parties do not offer a satisfactory settlement, our attorneys are prepared to take your case to court and maximize your compensation. There are no legal fees involved unless we win or settle your case. To schedule your complimentary case review, contact Tiano O’Dell, PLLC at (304) 720-6700.