Elective surgeries are often chosen to improve quality of life—whether cosmetic, corrective, or preventive. But when something goes wrong during or after an elective procedure, the results can be devastating. A botched elective surgery doesn’t just cause physical pain—it can also lead to emotional distress, additional medical bills, and long-term complications.
If you’ve suffered harm after an elective procedure in Texas, you may wonder whether it qualifies as medical malpractice. The answer depends on whether negligence played a role.
What Is an Elective Surgery?
An “elective surgery” doesn’t necessarily mean “optional” or “cosmetic.” It simply means the procedure is scheduled in advance rather than performed as an emergency. Common elective surgeries include:
- Joint replacements
- Hernia repairs
- Bariatric (weight-loss) surgeries
- Cosmetic procedures like breast augmentation, facelifts, or liposuction
- Vision correction surgeries such as LASIK
Patients trust that their medical professionals will perform these procedures safely and competently. But when errors occur due to negligence, the consequences can be life-altering—and legally actionable.
When Does an Elective Surgery Error Become Medical Malpractice?
Under Texas law, a bad surgical outcome alone doesn’t necessarily mean malpractice occurred. Complications can arise even when a doctor follows all proper medical protocols.
However, if a healthcare provider’s mistake deviates from the accepted medical standard of care and causes harm, it may qualify as medical negligence. Examples include:
- Performing the wrong procedure or operating on the wrong site
- Leaving surgical instruments or sponges inside the body
- Administering anesthesia incorrectly
- Failing to properly monitor the patient during or after surgery
- Ignoring clear signs of post-surgical infection or complications
- Performing a procedure without obtaining informed consent
These kinds of preventable errors may give rise to a medical malpractice claim if they directly result in injury or death.
Texas Law on Medical Malpractice Claims
Texas has strict rules governing medical malpractice cases, including those involving elective surgeries. To bring a successful claim, the injured patient must prove:
A doctor-patient relationship existed.
This establishes the healthcare provider’s duty to meet the accepted standard of care.
The provider breached that duty.
The doctor or hospital acted in a way that a reasonably competent professional would not have under similar circumstances.
The breach caused your injury.
There must be a direct link between the provider’s actions (or inaction) and the harm suffered.
You suffered damages.
This includes medical costs, lost income, pain and suffering, and other measurable losses.
Texas also requires that an expert report be filed early in a malpractice case. This report, prepared by a qualified medical expert, must outline how the defendant’s conduct constituted negligence. Without this report, a case can be dismissed before reaching trial.
Additionally, the statute of limitations for most Texas medical malpractice claims is two years from the date of the injury or from when the injury should reasonably have been discovered.
Protecting Your Rights After a Botched Surgery
Surgical errors can leave lasting physical and emotional scars. Patients often face revision surgeries, extended recovery times, and loss of trust in their medical providers. While no lawsuit can undo what happened, holding negligent healthcare professionals accountable can help you obtain compensation for your injuries and prevent similar harm to others.
If you suspect your elective surgery was botched due to medical negligence, it’s important to seek legal guidance as soon as possible. These cases are complex and require in-depth knowledge of both medical standards and Texas malpractice laws.
Houston Medical Malpractice Attorney
At The Brothers Law Firm, we have extensive experience representing victims of surgical errors and medical malpractice across Texas. Our team understands the physical, financial, and emotional toll a botched surgery can take—and we are here to help you pursue justice and fair compensation.
Contact The Brothers Law Firm today at (903) 829-3877 for a free consultation. Let us review your case and help you understand your legal options.