While some injuries occur in the absence of negligence, we have handled numerous cases involving surgical negligence, such as a cut ureter, negligence during a gallbladder removal; negligence in severing the femoral artery or sciatic nerve; failure to take advantage of a “window of opportunity: for correcting a surgical mishap; and permitting surgical objects to remain in a patient.
The defense which we inevitably face in these cases is that the alleged negligence was a “recognized risk of the procedure” and was not the result of negligence. Strong expert testimony is required to rebut this defense.