Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

A: There may be a civil case and a complaint to the medical board. But before you do anything, Consult with experienced medical malpractice attorneys in the state where this occurred.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

A: I'm so sorry for your loss. Unless this physician has a history of harming his patients, it is unlikely that you will get this physician's license suspended. Here's a link I found online for filing such a complaint with the Georgia Composite Medical Board, https://medicalboard.georgia.gov/consumer-resources/how-file-complaint

With regard to a possible malpractice lawsuit, speak with an experienced malpractice attorney in Georgia. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Although accidentally cutting something during a surgical procedure might not constitute malpractice, failing to identify the error and correcting it might be. Likewise, the hospital's failure to promptly treat your father might also have contributed to his passing.

A: First, I'm very sorry for your loss.

As presented, this has the appearance of malpractice not only by the surgeon, but also by the hospital.

There are times when cutting the wrong thing can be defended as a "risk of procedure" but for a post operative patient reporting severe pain, after discharge, this should be a priority case for the surgical team, and hospital, when the patient comes back to the hospital.

I am not by the way exonerating the initial surgeon, but the specific facts about what he cut, and where it was in relation to the intended area needs to be investigated. Sometimes the "cut" is an injury caused by other instruments as well (such as retractors, held by the resident). If so, then then that could point to the hospital or program which employed them. And, responsibility to have seen the injury, before closing the patient, may still rest with the surgeon.

My overall response is that you would be well advised to seek malpractice counsel in GA. Once they get the records, it should help clarify some of these issues. Make your preference to notify the licensing board known to your attorneys. It is not uncommon for a civil attorney to simultaneously investigate a case for civil suit, and file a licensing complaint. The licensing authorities may also help uncover evidence useful to a civil case.

In either case, and even if you don't ultimately pursue civil suit, I would consult a GA malpractice attorney, who should be able to help you determine whether and how to file a licensing complaint.

I hope this is helpful to you.