What counts as a surgical error?
Surgical errors include operating on the wrong site or patient, leaving an instrument or sponge inside the body, severing a nerve or organ, anesthesia mistakes, and post-operative infections from poor technique. Not every bad outcome is negligence — the surgeon must have breached the accepted standard of care.
A never event is an error so serious it should never happen: wrong-site surgery, wrong-patient surgery, or a retained foreign object. These strongly support a malpractice claim and, in the US, can invoke res ipsa loquitur, shifting the inference of negligence to the defendant.
How much is a surgical error claim worth?
Value depends on the corrective care required, permanent impairment, and lost income. A retained sponge caught and removed quickly is worth far less than a severed nerve causing permanent disability. Economic losses plus pain and suffering (adjusted for severity) drive the number.
Do I need a medical expert to sue?
Yes. In both Canada and the US you need a qualified physician to confirm the standard of care was breached and that the breach caused your injury. Many US states require a certificate of merit or affidavit from an expert to be filed with the complaint.