FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Surgeons are reluctant to withdraw life support after making an error

A new study published in the July 2012 Annals of Surgery has found that surgeons are reluctant to withdraw life support after operating on a patient, and that this sentiment increases if the surgeon made an error during the procedure.

Findings of the survey of surgeons

In the new study, researchers asked 912 surgeons in the neurologic, cardiothoracic and vascular areas of practice to read and react to two hypothetical surgeries. In the first scenario, the surgeon made no errors and performed the surgery to the best of his or her abilities, but the operation failed to save the life of the patient. The patient’s family asks the surgeon to withdraw life support. At this point, the surgeons surveyed in the study were asked how likely they were to fulfill the family’s request and what influenced their decision.

In this scenario, 63 percent of surgeons reported they would be not at all likely or somewhat unlikely to grant the family’s wish to withdraw life support, and 57 percent claimed they would recommend the family wait 10 days before considering withdrawing life support to give the patient’s condition a chance to improve.

The second scenario was identical to the first except for one important difference: The surgeon made an error during the surgery. In this case, the surveyed surgeons were twice as likely to balk at the family’s wish to withdraw life support.

In both instances, surgeons reported that their decisions to not withdraw life support were due to optimism about the patient’s recovery and the belief that families cannot predict their loved one’s future quality of life. They also reported a personal responsibility for the patient and that their ethical feelings about withdrawing life support contributed to their decisions.

Common surgical errors and how to prevent them

Surgeries occur under a variety of conditions. Some operations are planned and patients and doctors have many opportunities to discuss the procedure, while others are emergencies and the patient does not meet his or her surgeon until after the operation is complete. In either case, surgical errors can and do occur, often with devastating consequences.

Up to 40 times a week in the U.S., surgeons make severe mistakes known as wrong site, wrong procedure or wrong patient errors. As their names imply, these errors occur when surgeons operate on the wrong area of the body, perform the wrong surgery or perform surgery on the wrong patient, respectively. While 40 of these errors occur weekly in the U.S., some believe the numbers are probably higher since surgeons are not required to report when and if they make an error.

Surgical errors can also be caused by an error made in the diagnostic stage of a patient’s care. For example, a wrong-patient error may occur if two patients’ biopsy samples were incorrectly labeled during diagnosis, and a healthy patient receives an operation while the other, sick patient is discharged and led to believe he or she is healthy.

To prevent these types of errors from occurring, patients and their families need to aggressively advocate for themselves throughout all stages of the health care process. Patients should review their procedures with their surgeons immediately prior to the operation to confirm the site and surgery to be performed. Additionally, everyone on a patient’s medical team should know the patient’s name, date of birth and what operation he or she is to endure.

Surgical errors occur too frequently in the U.S. Until measures are taken to reduce surgical errors, patients must be their own advocates. If you or a loved one has been injured by a surgical error, please contact an experienced medical malpractice lawyer.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader