What We Handle
Surgical Error
After something went wrong in surgery.
What surgical error actually means
A surgical error case arises when a patient is harmed because a surgeon, anesthesiologist, nurse, or hospital team made a preventable mistake. Not every bad outcome is malpractice. Surgery carries risks. But a preventable mistake is different from an accepted risk.
These cases can involve errors during surgery, anesthesia problems, poor monitoring, or a failure to respond when complications show up afterward. Surgical error is a specific category within medical malpractice — for a broader overview, see our medical malpractice page.
What it takes to have a case
1. Duty
The medical team had a duty to provide care that met accepted medical standards.
2. Breach
A preventable mistake happened that a reasonably careful provider should not have made.
3. Causation
That mistake must have caused additional injury, complications, or a worse result.
4. Damages
You must have actual harm — more medical care, more pain, more time away from work, permanent injury, or worse.
What we handle within surgical error
Every situation is different. Here are the most common types we see.
Wrong-Site Surgery
Operating on the wrong body part or performing the wrong procedure.
Anesthesia Mistakes
Too much anesthesia, too little, failure to monitor, or delayed response.
Retained Objects
Surgical tools or sponges left inside the body.
Organ or Nerve Damage
Avoidable injury during the procedure.
Failure to Monitor After Surgery
Complications were missed or ignored when warning signs were present.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Statute of limitations: 2 years — RSMo § 516.105
- •10-year absolute statute of repose
- •Affidavit of merit required before filing — RSMo § 538.225
- •Noneconomic damage cap: $400,000 standard / $700,000 catastrophic — RSMo § 538.210
- •Caps increase by 1.7% annually for inflation
Kansas
- •Statute of limitations: 2 years — KSA § 60-513(c)
- •4-year absolute statute of repose
- •Pre-suit screening panel required — KSA § 65-4901
- •Noneconomic damage cap: $350,000 — KSA § 60-19a02
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — We hear the timeline and what changed after surgery.
Records collection — Hospital records, operative notes, anesthesia records, follow-up care, imaging, and billing.
Expert review — We evaluate whether the outcome points to negligence or a known medical risk.
Damages review — We look at added treatment, time missed from work, disability, and long-term impact.
Demand or filing — If the facts support it, we move the case forward.
Resolution — Settlement, mediation, or trial.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a surgical error case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Additional medical expenses
- •Corrective surgeries
- •Lost wages and earning capacity
- •Long-term rehabilitation
Non-Economic Damages
- •Pain and suffering (subject to statutory caps)
- •Permanent injury or disfigurement
- •Loss of enjoyment of life
- •Emotional distress
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
Top 25 Medical Malpractice Trial Lawyer. Keenan Trial Institute faculty. Extensive experience with surgical error, anesthesia, and post-operative complication cases.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to surgical error, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
Does a bad surgical result mean I have a case?
Not always. The key question is whether a preventable mistake caused the bad result.
What if the doctor said this was just a known risk?
Sometimes that is true. Sometimes it is not. The records and expert review matter.
How soon should I act?
As soon as you can. Medical malpractice cases are document-heavy and deadline-sensitive. Missouri requires filing within 2 years (RSMo § 516.105).
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your surgical error case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
Start Your Case Review
Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.
Start the digital intake →Ready to talk about your surgical error case?
Free consultation. No fee unless we recover.
