Most people go into surgery trusting that the surgeon knows what they are doing. And most of the time, that trust is justified. But surgeons are human, and the instruments they use are sharp, hot, or both. When a surgical tool nicks, cuts, or burns a hole through the wall of the small intestine or colon during a procedure, the consequences can spiral fast.
And what leaks through that hole, bacteria, fecal matter, and partially digested food, ends up in the abdominal cavity, where an infection starts. That is how people end up back in the ICU days after they were supposed to be recovering at home.
Why Perforations Are So Dangerous
The CDC reports that at least 1.7 million adults in the U.S. develop sepsis every year. At least 350,000 of them die during their hospitalization or end up in hospice. One out of every three patients who die in a hospital had sepsis at some point during their stay.
Sepsis occurs when the immune system overreacts to an infection. The body floods itself with chemicals meant to fight bacteria, but those chemicals can cause inflammation everywhere, not just at the site of infection. Organs, the brain, heart, lungs, and kidneys start taking damage. Left unchecked, it leads to organ failure and, in many cases, death.
After a bowel or colon perforation, the warning signs of sepsis include:
- Severe pain or pressure in the abdomen
- A heart rate that feels too fast
- Shortness of breath that was not there before
- Fever, chills, or both
- Feeling confused or "not right"
If sepsis sets in after a surgical perforation, surgeons must go back in and wash out the abdominal cavity, sometimes multiple times over days or weeks. They may use a wound vacuum to help with drainage. Some patients spend weeks in intensive care. Some develop kidney failure or respiratory problems on top of the original infection. The bills pile up, and so does the lost time from work and from life in general.
If a surgical error caused a perforation that led to any of this, you should talk to a Virginia Beach medical malpractice lawyer to see what legal recourse you may have against those medical professionals responsible.
How These Injuries Happen in the First Place
The small intestine is over 20 feet long. It sits coiled up next to the colon, the stomach, and a lot of other tissue in a pretty tight space. When a surgeon is operating in that area, whether it is a gallbladder removal, a hernia repair, a hysterectomy, or something else entirely, the margin for error is small.
Perforations caused by surgical instruments are called iatrogenic injuries, which is the medical way of saying the treatment itself caused the harm. The most common causes include:
- A scalpel or other cutting tool lacerating the bowel wall
- A harmonic scalpel burning through tissue it was not supposed to touch
- A LigaSure device creates thermal damage that opens a hole
- A colonoscope puncturing the colon wall during a screening
That last one gets a lot of attention because colonoscopies are so common. Most of the time, there is no issue. But perforation is a known risk, and when it happens, and the doctor does not catch it before the patient leaves, the result can be catastrophic.
What separates a complication from malpractice is whether the surgeon met the standard of care. Did they use the instrument correctly? Did they recognize the perforation when it happened? Did they repair it before closing? If the answer to any of those questions is no, you are looking at a potential claim.
The Timing Issue
A perforation during surgery does not always cause immediate symptoms. The patient may wake up feeling fine, or at least as fine as you feel after abdominal surgery. They get moved to recovery. Maybe they go home the next day. Then 48 or 72 hours later, the fever starts. The pain gets worse instead of better. By the time someone figures out what is going on, the infection has had days to spread.
A medical malpractice claim in this kind of case usually focuses on one of two things. Either the surgeon caused the perforation through carelessness, or the surgeon missed the perforation and sent the patient out without repairing it. Both are grounds for a lawsuit.
What Virginia Law Requires in a Medical Malpractice Case
Virginia handles medical malpractice differently from a standard personal injury case. Before you can file suit, you need a written opinion from a qualified medical professional saying that the standard of care was violated. This is called a certificate of merit, and without it, your case does not move forward.
If you do have a valid claim, you can seek compensation for:
- Additional surgeries, hospital stays, and medical treatment tied to the perforation
- Lost wages during what can be a months-long recovery
- Physical pain and emotional suffering
- Wrongful death damages if the patient did not survive
Virginia also caps damages in malpractice cases. The cap changes over time, and a Virginia Beach medical malpractice lawyer can walk you through how the current cap would apply to your specific situation. There is also a two-year statute of limitations for most malpractice claims in Virginia, though certain exceptions apply when the injury was not immediately discovered. Missing that deadline means losing the right to file, so the sooner you get legal advice, the better.
Do You Have Questions About Surgical Errors?
Shapiro, Washburn & Sharp has handled medical malpractice cases for patients across Virginia since 1985. That is four decades of holding surgeons, hospitals, and medical systems accountable when they fall short. The firm's attorneys have been recognized by Best Lawyers and Super Lawyers for their work in injury and malpractice law, and they bring that track record into every case they take on.
If a surgical error left you or a family member dealing with a perforated bowel, sepsis, or the death of a loved one, contact Shapiro, Washburn & Sharp to talk about your options. The firm secured a $2.23 million jury verdict in a wrongful death case where a hospital failed to diagnose sepsis in time after surgery. Call 833-997-1774 for a free consultation. Shapiro, Washburn & Sharp has offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake.
