Fairfax Surgical Errors Lawyers

Hospital Negligence Attorneys in Fairfax, VA

During surgery, you trust your doctor and medical team to follow the standard of care and operate with competence and precision. However, doctors and surgeons are not infallible and mistakes happen. When a member of your medical team is negligent, you and your family are forced to suffer the physical and emotional pain.

Have you been further injured in surgery? Contact Hilton & Somer, LLC today to see if you have a medical malpractice case. Call our Fairfax surgical error attorneys at 703-560-0700. Se habla Español.

Surgical Error Claims in Virginia at a Glance

• Common surgical errors include wrong-site surgery, retained sponges or instruments, anesthesia errors, nerve and organ damage, and failure to monitor after surgery.
• An expert opinion is required. Before a Virginia malpractice case is served, the patient must obtain a written opinion from a qualified expert that the provider breached the standard of care (Va. Code § 8.01-20.1).
• Damages are capped. The Virginia malpractice cap is $2.75 million for acts occurring between July 1, 2026 and June 30, 2027 (Va. Code § 8.01-581.15).
• Deadlines are short, with limited exceptions. Most claims must be filed within two years, with exceptions such as a foreign object left in the body (Va. Code § 8.01-243).

For more than 40 years we have been handling surgical errors and medical negligence cases. We thoroughly investigate the accident, gather evidence to expose the negligence and get you the compensation you deserve. Surgical errors can include any of the following:

• Wrong-site surgery
• Wrong surgical procedure performed
• Surgical instruments and sponges left in the body
• Injury to organs, blood vessels and nerves including, nicked organs or arteries
• Anesthesia and medication errors
• Operating on the wrong patient
• Improper antiseptic practices leading to infection
• Performing unnecessary surgeries
• Over-sedation
• Improper surgical technique
• Birth injuries

Surgical errors can occur for a variety of reasons, including doctor fatigue, lack of training, unfamiliarity with equipment and even drug and alcohol abuse. Whatever caused the error, Hilton & Somer, LLC will work diligently to expose the negligence of the surgeon, medical staff or hospitable. Not all injuries are the result of malpractice. To prove malpractice, you need another medical doctor to testify as to whether the standard of care was violated. We work closely with a network of medical professionals to determine if the surgical mistake that caused you injury was malpractice.

Fairfax Surgical Error Lawyer Can Help You

To learn more about how our experienced medical malpractice lawyers can help you, contact us at 703-560-0700. All cases are handled on a contingency basis, meaning you pay no attorney fees unless we are successful in obtaining compensation for you.

Areas We Serve

Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:

• Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
• District of Columbia: Washington, DC
• Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties

Surgical Error FAQ

Is every surgical complication malpractice?

No. Some complications happen even with excellent care. A surgical error becomes malpractice when the surgeon or surgical team fails to meet the accepted standard of care and that failure causes harm.

What if a sponge or instrument was left inside me?

Virginia has a special rule for foreign objects left in the body, which can extend the time to file from the date the object is discovered. Speak with a lawyer quickly to confirm your deadline.

Is there a cap on surgical error damages in Virginia?

Yes. Virginia caps total malpractice damages. The cap is $2.75 million for malpractice occurring between July 1, 2026 and June 30, 2027, rising $50,000 each year until it reaches $3 million.

How much does it cost to hire a surgical error lawyer?

Hilton & Somer handles medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you, and the first consultation is free.