Legal Analysis
A detailed breakdown of the potential for medical malpractice liability in the case of a severed tendon during drain removal.
Can the Surgeon Be Held Liable?
The short answer: Yes, there is a strong possibility.
Based on the facts provided, the plastic surgeon could likely be held liable. The analysis hinges on whether the act of cutting the tendon constitutes a breach of the standard of care. While all surgeries carry risks, severing a tendon during a routine drain removal is not typically considered an accepted outcome in the absence of negligence.
Key Factors for Determining Liability
Nature of the Error
Severing a tendon during a drain removal is a significant error. Research shows that nerve and tendon injuries are a predominant cause of litigation in hand surgery.
Standard of Care
A medical expert would need to testify on the proper technique. Guidelines emphasize gentle removal with steady pressure. Cutting blindly or aggressively violates this standard.
Surgeon's Specialization
Surgeons without subspecialty certification in hand surgery are significantly more likely to have malpractice verdicts favor the plaintiff (27% vs. 7%).
Res Ipsa Loquitur
The circumstances strongly suggest the applicability of this doctrine ("the thing speaks for itself"), which would shift the burden to the surgeon to prove they were not negligent.
Accepted Risk vs. Negligence
Accepted Risks
- Infection at the drain site
- Minor scarring from the drain hole
- Discomfort during removal
Potential Negligence
- Severing a tendon
- Cutting a nerve
- Leaving part of the drain inside
"While complications can occur even when a surgeon acts with reasonable care, severing a tendon during a relatively routine procedure like a drain removal is not typically considered an expected or accepted outcome."