Negligence in this context essentially means the failure of the health care provider to use the reasonable care, skill or knowledge ordinarily used by health care professionals under similar circumstances. If you or someone you know believes that there were mistakes made during surgery, you may have a medical malpractice case either against the doctor, the hospital, or both.
If your informed consent was not obtained for the procedure in advance, you may also have a separate cause of action against the medical providers.
In a recent report put out by the National Academy of Sciences Institute of Medicine, the Academy points out that there are close to 100,000 hospital deaths as a result of preventable medical errors each year.
While mistakes do happen, not all of them are actionable. In fact, the majority of doctors and medical providers are qualified and provide professional care. Unfortunately, a small percentage of them cause serious harm to their patients and should not be permitted to escape liability. To determine your legal rights, you should consult with an experienced attorney.