Surgical Fire Lawsuit | 2025 Latest Updates

What’s the Problem?

Surgical fire legal claims involve preventable incidents that occur in hospital operating rooms when the fire triangle elements—heat, fuel, and oxygen—combine during surgical procedures. The FDA categorizes these events as “preventable occurrences” that frequently involve surgeries concerning the head, neck, trachea, or upper torso. These incidents have resulted in grave injuries, irreversible disfigurement, and fatalities.

Latest Surgical Fire Updates

• June 1, 2018 – The U.S. is witnessing ongoing incidents of fires in surgical areas within hospitals, which the FDA categorizes as “preventable occurrences.” Such fires frequently involve surgeries concerning the head, neck, trachea, or upper torso and have resulted in grave injuries, irreversible disfigurement, and fatalities, according to the agency [1].
• 2017 – Recent data shows a significant decrease in surgical fires compared to a decade ago, with current statistics indicating 88-105 incidents per year versus the previously cited 550-650 fires annually [2]. This reduction is attributed to ongoing educational efforts, though experts warn that underreporting continues and a resurgence remains possible due to inadequate awareness among medical professionals.

Surgical Fire Reports and Statistics

The Emergency Care Research Institute (ECRI) and FDA receive reports of surgical fires, though many incidents go unreported according to Dr. Lila Bahadori, MD, a pulmonologist and critical care physician at the FDA. The figure of 550-650 surgical fires per year was extrapolated from ECRI’s Pennsylvania Patient Safety Reporting System in 2007.

Current statistics reveal:

• 88-105 surgical fires occur annually in the U.S. based on 2017 data
• Most surgical fires occur in oxygen-enriched environments with concentrations greater than 30%
• Incidents frequently involve head, neck, trachea, or upper torso surgeries
• Underreporting continues to obscure the true nature and frequency of these preventable events

Surgical Fire Injuries & Hazards

Surgical fires can cause devastating and life-altering injuries due to the intense heat and flames in oxygen-enriched environments.

The most serious complications include:

• Severe Burns: Third-degree burns requiring extensive skin grafts and reconstructive surgery
• Permanent Disfigurement: Facial scarring and deformity affecting appearance and function
• Respiratory Injuries: Smoke inhalation damage to airways and lung tissue
• Death: Fatal outcomes from severe burn injuries and complications

Do You Qualify for a Surgical Fire Lawsuit?

You may qualify for a surgical fire lawsuit if:

• You underwent surgery in a hospital or surgical facility
• A fire occurred during your surgical procedure
• You suffered burns, disfigurement, or other injuries as a result
• The medical staff failed to follow proper fire safety protocols
• You can provide medical documentation linking your injuries to the surgical fire incident

Evidence Required for a Surgical Fire Lawsuit

To build a strong surgical fire lawsuit, you will need:

• Complete medical records from the surgical procedure and treatment
• Documentation of the fire incident and hospital incident reports
• Proof of injuries directly caused by the surgical fire
• Evidence of medical staff negligence or protocol violations
• Expert medical testimony regarding standard of care breaches

Damages You Can Recover

Compensation in surgical fire lawsuits may include:

• Medical expenses for burn treatment and reconstructive surgery
• Lost wages and reduced earning capacity
• Pain and suffering from physical and emotional trauma
• Punitive damages in cases of gross negligence

What is the Fire Triangle?

The fire triangle is a visual tool used to demonstrate that a fire is the result of the following 3 elements coming together at the same time: heat, fuel, and an oxidizing agent (usually oxygen). A fire naturally occurs when these elements are present and combined in the right mixture, meaning that fire is actually an event rather than a thing.

FDA says that most surgical fires occur in oxygen-enriched environments, such as when supplemental oxygen is being delivered to a patient, when the concentration of oxygen is greater than 30%. In these situations, materials which are not normally flammable may ignite and burn, according to the agency.

FDA Recommendations

“Before any surgical procedure, all members of the surgical team need to know the type of procedure that will be performed and the risks associated with that procedure. Each member of the surgical team should be apprised of which surgical devices will be used during the procedure and if any of these devices increase the risk for harm to the patient.”
— Dr. Lila Bahadori, MD, Pulmonologist and Critical Care Physician at the FDA

FDA is advising physicians and other healthcare providers to take the following additional precautions in order to avoid surgical fires:

• A fire risk assessment at the beginning of each surgical procedure
• Encourage communication among surgical team members
• Safe use of any devices that may serve as an ignition source
• Safe use of surgical suite items that may serve as a fuel source
• Plan and practice how to manage a surgical fire

FAQs

1. Can I sue if I was injured by a surgical fire?

Yes, you can sue if you were injured by a surgical fire. You may be able to hold the hospital, surgeon, or medical staff accountable for negligence or failure to follow proper safety protocols.

2. What must be proven to win a surgical fire lawsuit?

To win a surgical fire lawsuit, you must prove that the medical staff or hospital owed you a duty of care, breached that duty by failing to follow safety protocols, and caused your injuries as a result.

3. What compensation might I receive from a surgical fire lawsuit?

Compensation can include medical expenses, lost wages, pain and suffering, disfigurement, rehabilitation costs, and possibly punitive damages depending on the severity of the negligence.

4. How common are surgical fires?

Recent data from 2017 indicates 88-105 surgical fires occur annually in the U.S., though many incidents go unreported to regulatory agencies.

5. What causes surgical fires?

Surgical fires occur when three elements combine: heat (from electrocautery devices), fuel (surgical drapes, gauze), and oxygen (supplemental oxygen or oxygen-enriched environments above 30%).

Statute of Limitations for Surgical Fire Lawsuits

The statute of limitations for medical malpractice claims, including surgical fire lawsuits, varies by state and typically ranges from one to several years from the date of injury or discovery of the injury. It is crucial to consult with an attorney promptly to understand the specific time limits that apply to your case, as these deadlines are strictly enforced by courts.

Get a Free Surgical Fire Lawsuit Evaluation With Our Lawyers

The Workplace & Environmental Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in surgical fire lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.

Our experienced surgical fire attorneys offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees to begin your lawsuit
• Payment only if we win your case and secure compensation

Free Case Evaluation: Again, if you were harmed in a fire that occurred in a surgical setting, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

Do I Have a Surgical Fire Lawsuit?

References:

1. https://www.beckershospitalreview.com/quality/fda-6-guidelines-to-prevent-surgical-fires/
2. https://www.psqh.com/analysis/fda-only-you-can-prevent-surgery-fires/