nationwide military medical malpractice attorneys

Military Surgical Error Attorneys

Helping Clients With FTCA Claims After Surgery Mistakes

If a surgical error or a mistake at a military hospital or VA medical center has left you worse than before the operation, talk to National Trial Law about your legal options. Our attorneys focus on military medical malpractice cases nationwide, which means our knowledge covers both typical issues about liability and more complicated questions and processes that arise when bringing a case against the federal government. If your case will require you to follow the Federal Tort Claims Act (FTCA) and use a Form 95, we’ll be prepared to handle that process as well. Leave everything up to our experienced team while you focus on your rest and recovery.

Our law firm has successfully tried to verdict & judgment surgical error cases against the federal government. For example, in one case, our client suffered a dural tear during the surgery, and his surgeon’s subsequent placement of a drain near the tear site fell below the standard of care. As a result, our client suffered a brain hemorrhage. We tried our client’s case before a federal court in Arkansas. the court found that the plaintiffs met their burden of proving, by a preponderance of the evidence, that the negligence in the placement of the drain and the failure to confirm a watertight seal contributed to Mr. Dobbs’ brain hemorrhage. As a result, our client received a $3 million judgment and settlement, with life time benefits.


Get a free consultation with National Trial Law. Call our military surgical errors attorneys at (833) 913-1885 at any time.


record-setting case results
  • $7,860,000 Settlement Army Hospital Birth Injury
  • $6,500,000 Settlement Air Force Hospital Birth Injury
  • $5,800,000 Settlement Army Hospital Birth Injury
  • $5,117,473.50 Trial Judgment Air Force Hospital Medical Malpractice
  • $5,000,000 Settlement Army Hospital Failure to Diagnose
  • $5,000,000 Settlement Army Hospital Failure to Diagnose

What are the Different Types of Surgical Errors?

Different types of surgical errors include:

  • Wrong site: The procedure is not done on the correct part of the patient’s body.
  • Wrong patient: The procedure is not done on the correct patient.
  • Wrong procedure: The wrong procedure is completed compared to what was originally planned.
  • Foreign objects left behind: Foreign objects like sponges or gauze are left inside the patient when the surgery is completed.

Nearly all surgical errors – other than operating on the wrong patient – also carry a high risk of necessitating corrective surgery to fix the original surgical error. Like any surgery, corrective surgery can carry its own risks of complications. In this way, a patient’s risk of a bad result or a bad reaction to the surgical procedure is at least doubled because they will need at least one additional surgery.

How Surgical Errors Happen

Surgical errors are often the result of a medical provider’s carelessness or negligence. What might seem like a simple mistake in any other context could prove disastrous in the context of surgery.

Surgical errors can occur due to:

  • Mixing up patient files
  • Not reviewing the patient’s medical history
  • Poor pre-surgery planning
  • Disorganization in the operating room
  • Not sanitizing all surgical equipment
  • Rushing through an operation
  • Unfamiliarity with the operation
  • Poor communication among surgery team members

National Recognition

  • Super Lawyers 2023
  • Austin Monthly’s Top Attorneys of 2022
  • Outstanding 50 Year Lawyer Award 2022 – Texas Bar Foundation Awards
  • Expertise.com – “Best Personal Injury Lawyers in Austin 2022”

Real Client testimonials

  • Helped me navigate an extremely complex system

    “I couldn’t recommend her enough.”

  • Very impressed

    “She always responded quickly and kept me informed at all times.”

  • Warm demeanor and true professionals.

    “Words cannot fully express our gratitude for National Trial Law. Starting the legal process was daunting, but they instantly put us at ease with their warm demeanor, talent, and professionalism. Their commitment to our case was incredible.”

  • Professional and supportive team

    “National Trial Law and the entire team were amazing! They were always there to answer questions and provide support. During tough times, they were nothing but professional and comforting. Thank you!”

  • Grateful for their dedication.

    “We are truly grateful for National Trial Law and the dedication they put towards our son's case. The trusts they set up help him immensely. Always easy to communicate with, we highly recommend them.”

Proving Negligence After a Surgical Error

To prepare your surgical error case, we will want to look for pieces of evidence that can help prove your point. After all, we can expect that the military hospital or military medical provider will try to argue that the outcome of your surgery was unavoidable or something that could be expected given your health condition. Even if you go through an administrative process to seek damages as the FTCA requires, the opposing side will have a chance to argue against you. With the right evidence in hand, though, we can try to cement your case and steer the hearing toward a fair settlement or arrangement that gets you the support you need.

Evidence that could help prepare your case includes the following and more:

  • Your medical records
  • Medical notes recorded during the surgery
  • Testimony from third-party medical experts

Contact Our Military Surgical Errors Attorneys Today

You don’t have to search far to get legal counsel after a military medical provider’s surgical error caused you to suffer a serious or permanent injury. National Trial Law has the resources and experience needed to help clients nationwide. With more than 50 years of trial experience and a focus on complex military medical malpractice cases, we’re ready to fight for your rights.


Call (833) 913-1885 now to get started with our military surgical errors lawyers. Se Hable Español.


What sets us apart:
  • PEER APPROVED

    More attorneys named Super Lawyers by Thomson Reuters in the “Personal Injury Medical Malpractice: Plaintiff” category in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023 than any other law firm in Texas (Bill Whitehurst, Chip Brees, Michelle Cheng, Jamal Alsaffar, Laurie Higginbotham and Tom Jacob)

  • TEXAS ROOTS

    Founded in Austin with more than 50 years of trial experience.

  • NATIONAL REACH

    National results in complex personal injury litigation.

  • DEEP BENCH

    Many experienced lawyers ready to serve you.

  • SE HABLA ESPAÑOL

    Our team has multiple Spanish speaking staff members.

Texas roots. National Reach.

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