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Can I Sue For Medical Malpractice in Post-Operative Care in Maryland?
Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on August 18, 2023 and updated on May 7, 2026.
Surgery carries many risks, some of which are still present during post-operative care. For example, without proper care, patients could develop life-threatening infections or excessive bleeding.
Sometimes these complications develop because of a failure to monitor patients or do an appropriate intervention when patients display certain symptoms. In these situations, the victim may have grounds to file a medical malpractice lawsuit over negligent post-operative care.
Yes. Hospitals and medical providers can be liable when post-operative negligence causes complications such as infections, internal bleeding, delayed treatment, or preventable injuries. A medical malpractice claim requires proof that the provider failed to meet the accepted standard of care and that the failure directly caused additional harm or worsened the patient’s condition.
If you think your post-surgical injuries are a result of malpractice, call The Law Offices of Peter T. Nicholl. Our local medical malpractice lawyers in Baltimore have assisted many victims and we know how to determine when medical professionals failed to uphold the standard of care.
Call to schedule your free legal consultation. Phone: 410-244-7005.
What Is Post-Operative Care?
After your surgery, the post-operative phase of your treatment begins. This phase could last anywhere from a few hours to a few days, weeks or months. The post-operative care phase concludes when your doctor no longer needs to do follow-up appointments related to your surgery.
This phase involves doctors monitoring your vital signs and physical condition to determine whether you are healing properly. Doctors need to make sure you are not suffering complications from surgery, such as excessive bleeding or an infection. Doctors not only need to monitor you, but they must also intervene when your body is in distress or other medical problems arise.
For example, if you suffer a sudden drop in blood pressure or your vital signs crash in some other way, doctors need to take steps to prevent your condition from getting worse.
Defining Post-Operative Medical Malpractice
Post-operative medical malpractice refers to a failure to uphold the medical standard of care during your recovery from surgery. If doctors make mistakes that lead to injuries, and another doctor in a similar situation would have provided better care, you may have been a victim of medical malpractice. However, this is about more than making mistakes.
Doctors are supposed to know the risks of the surgery they just performed. They need to know the symptoms that may indicate a patient is experiencing complications or some type of adverse reaction.
These are some potential examples of post-operative medical malpractice.
- Failing to keep track of your vital signs (respiration, pulse, heart rate, etc.)
- Failing to keep the environment sterile to avoid infection
- Failing to do an examination to look for signs of an infection, such as inflammation, excessive drainage from the surgical site, discolored skin, etc.
- Failing to promptly respond to signs of cardiac arrest or stroke
- Failing to discover blood clots or internal bleeding
- Failing to discover you are having an allergic reaction to anesthesia
- Failing to change bandages
- Failing to prescribe medication to help you recover
Each patient’s post-surgical experience is different. To be sure about whether you have a valid case, we recommend discussing your situation with an experienced lawyer.
Injuries That Could Result From Negligent Post-Operative Care
Medical malpractice during post-operative care could lead to life-threatening medical issues. For example, if doctors do not diagnose or treat an infection quickly enough, the patient could develop sepsis. This is a serious condition that occurs when chemicals are released into the bloodstream to fight infection. These chemicals can damage organ systems and put your life at risk.
Blood clots are also a common risk after surgery. This is because the victim often needs to sit still for an extended period. Being inactive in this way inhibits blood flow, which could result in clotting. This medical condition could be fatal if the clot moves to your heart, lungs or brain.
An allergic reaction to a drug could cause a patient to suffer a loss of oxygen, which could lead to permanent brain damage.
Shock is another risk after surgery. This involves a significant loss in blood pressure that can cause organ failure or death. Doctors need to carefully monitor patients for signs of shock and quickly provide treatment to prevent catastrophic consequences.
Who Could Be at Fault For Poor Post-Operative Care?
The healthcare professionals involved in your post-operative care could all potentially be liable for medical malpractice. The hospital that employs these individuals could also be vicariously liable.
There are various reasons why doctors and other medical professionals may be liable. For example, they may have failed to follow hospital procedures, such as procedures on cleanliness. Doctors may have failed to check on patients in the recovery room. Sometimes doctors fail to notice signs of distress when they should.
However, proving that doctors failed to uphold the standard of care can be a challenge. An in-depth investigation will be required to determine what happened and how malpractice may have contributed to your injuries. That is why victims need to work with a law firm that has a history of securing results for victims.
Frequently Asked Questions About Post-Operative Care Malpractice in Maryland
Can poor post-operative care be medical malpractice?
Yes. Poor post-operative care can be medical malpractice when a doctor, nurse, or hospital fails to follow the accepted standard of care during surgical recovery. Liability depends on whether that failure caused harm, such as infection, internal bleeding, blood clots, organ damage, or another preventable complication.
What are signs that a post-surgical complication was caused by negligence?
Signs of negligence may include ignored symptoms, delayed treatment, missed infection, abnormal vital signs, uncontrolled bleeding, or failure to respond to distress. The legal issue is whether medical providers should have identified and treated the complication sooner. The Law Offices of Peter T. Nicholl can review the records to determine what went wrong.
Who can be liable for negligent post-operative care?
Doctors, nurses, specialists, surgical staff, and hospitals may be liable for negligent post-operative care. Liability depends on who was responsible for monitoring the patient, responding to warning signs, maintaining sterile conditions, or providing proper follow-up treatment. Hospitals can also face liability for employee negligence or unsafe procedures.
Can a hospital be responsible for an infection after surgery?
Yes. A hospital can be responsible for a post-surgical infection if the infection resulted from poor sanitation, improper wound care, delayed diagnosis, or failure to treat clear signs of infection. Medical malpractice requires proof that the infection was preventable and that the delay or error caused additional harm.
Is failing to monitor vital signs after surgery malpractice?
Yes. Failing to properly monitor vital signs after surgery can support a malpractice claim when it allows a serious complication to go untreated. Changes in blood pressure, pulse, respiration, oxygen levels, or heart rate can signal shock, bleeding, stroke, cardiac arrest, or other urgent medical problems.
What evidence is needed for a post-operative malpractice claim?
A post-operative malpractice claim usually requires medical records, surgical notes, nursing notes, vital sign logs, medication records, discharge instructions, and expert medical review. The Law Offices of Peter T. Nicholl can evaluate whether the records show a failure to meet the standard of care and a direct link to the injury.
When should I take legal action after a post-surgical injury?
You should take legal action as soon as you suspect a post-surgical injury was caused by negligent care. Delays can make it harder to preserve records, identify witnesses, and obtain medical expert review. The Law Offices of Peter T. Nicholl can assess whether the complication reflects malpractice or an unavoidable surgical risk.
What damages can be recovered for negligent post-operative care?
Damages may include additional medical bills, corrective procedures, lost wages, reduced earning capacity, pain and suffering, permanent injury, or long-term care needs. The value of a claim depends on the severity of the harm and whether negligent post-operative care caused or worsened the patient’s condition.
Are You a Victim of Medical Malpractice? Call For Legal Assistance
Many people who were victims of medical malpractice are unsure of their legal options. They may think the doctor made mistakes, but that does not count as medical malpractice.
Doctors are human and they do make mistakes, but they also have an obligation to uphold accepted medical standards of care. When they fail, they may be liable for damages.
Our experienced lawyers are here to evaluate your claim at no upfront costs to you. There are also no fees while working on your case.
Contact The Law Offices of Peter T. Nicholl today. Call 410-244-7005.
