Long shifts, emergency calls and full schedules can push even the most experienced physicians to the brink of exhaustion. When fatigue sets in, the risk of failure rises. While California limits resident physician duty hours and requires rest periods, heavy workloads potentially lead to avoidable surgical errors and medical malpractice.
What causes burnout among surgeons?
Approximately 75% of medical malpractice cases involve surgical error. The “assembly line” nature of modern healthcare prioritizes speed and efficiency, meaning surgeons often have to operate at high speeds and handle routine tasks. This typically leads to fatigue, which are risk factors that may increase the likelihood of errors. Beyond exhaustion, many factors lead to burnout:
- Extreme pressure: Surgeons have high standards to meet and will likely face lawsuits if they make even a single mistake
- Compassion fatigue: Surgeons often work with severely ill patients, resulting in heavy emotional tolls that occasionally result in poor outcomes
- High stakes: Surgeons must be precise and quick to act despite the stress and fatigue they face, making for a stressful environment
To address this, California regulates resident physician hours and requires mandatory rest periods in hopes of preventing fatigue and exhaustion. However, attending surgeons can still face heavy on-call obligations and scheduling pressure. The law does not guarantee that every surgeon will work with schedules that allow them adequate rest, which is why medical standards and hospital policies matter case by case.
What mistakes can surgeons make due to burnout?
Even well-trained surgeons can make mistakes from time to time, and the likelihood of this happening tends to increase with burnout. These mistakes have the potential to cause a lot of harm, some of which may be actionable through medical malpractice cases. Exhausted surgeons can make errors like:
- Rushing pre-op evaluations that miss allergies or interactions between medications
- Technical errors, such as unintended cuts or organ damage from prolonged exposure during surgery
- Slow responses to complications like sepsis, internal bleeding or respiratory problems
- Inadequate post-op monitoring due to an abundance of patients
Other problems can occur during surgery due to staffing issues. Surgeons often depend on nurses, anesthesiologists and surgical technologists for support, which means understaffing contributes greatly to burnout.
What should you do if you suspect medical malpractice?
If you suspect that a surgeon deviates from their standard of care to you, resulting in surgical errors or other complications, it is important to gather evidence. Request copies of medical records and document the timeline of events and any symptoms you experience.
Evidence in fatigue-related cases also includes call schedules, operating room logs, staffing records, handoff notes and expert testimonies on how other qualified surgeons would have handled a similar situation.
Surgeons who are negligent in their duty run the risk of inflicting harm upon you during surgery, making existing conditions worse or creating new medical issues entirely. By gathering the appropriate evidence, you can strengthen a medical malpractice claim and potentially receive financial compensation for medical bills and lost wages.
