When Medical Negligence Turns a Surgical Procedure Into a Lifetime of Consequences

Undergoing surgery requires trust—trust that your surgeon, anesthesiologist, and medical team will do everything in their power to protect your life and health. But when that trust is broken by a preventable mistake, the results can be devastating.

At Ostroff Godshall Injury and Accident Lawyers, we represent victims of surgical malpractice across Pennsylvania. Whether you were harmed by a careless mistake in the operating room or lost a loved one due to negligence, we’re here to fight for the accountability and compensation you deserve.

What Is a Surgical Error?

A surgical error is a preventable mistake that occurs before, during, or after a surgical procedure—one that causes harm to the patient and falls below the accepted standard of medical care. These errors are distinct from known risks or complications. While every surgery carries inherent risks, surgical errors are often due to human negligence, miscommunication, or system failures that could—and should—have been avoided.

Examples of Common Surgical Errors:

• Wrong-site surgery: Operating on the wrong part of the body.
• Wrong-patient surgery: Performing a procedure on the incorrect patient.
• Foreign object retention: Leaving surgical tools or materials (e.g., sponges, gauze, clamps) inside the body.
• Anesthesia errors: Including overdose, underdose, or failure to monitor allergic reactions or oxygenation.
• Organ damage: Puncturing or lacerating organs such as the bladder, liver, intestines, or lungs.
• Nerve damage: Injuries that result in chronic pain, numbness, or paralysis.
• Hemorrhage or excessive bleeding: Often due to poor technique or missed blood vessel injuries.
• Failure to monitor during or after surgery: Missing signs of distress, internal bleeding, or infection.

These mistakes can result in prolonged hospitalization, additional surgeries, permanent disability, or even death.

The Real-Life Impact of Surgical Mistakes

Surgical errors are not minor issues. They can cause profound physical and emotional harm, not only to patients but also to their families. At Ostroff Godshall, we’ve represented clients across Pennsylvania whose lives were turned upside down by:

• Multiple revision surgeries needed to repair damage caused by careless or improper incisions.
• Persistent pain and loss of mobility due to nerve damage following orthopedic procedures.
• Infections such as sepsis caused by unclean surgical environments or retained foreign objects.
• Organ failure or internal bleeding resulting from accidental perforation or poor technique.
• Emotional trauma and loss after anesthesia-related deaths.
• Long-term disability due to incomplete or botched surgeries.

The effects of these errors can include chronic pain, job loss, mounting medical bills, psychological distress, and a diminished quality of life.

What Causes Surgical Errors?

Despite advances in technology, safety protocols, and surgical training, avoidable mistakes still happen in hospitals and surgical centers across Pennsylvania. These errors often stem from the following causes:

1. Communication Failures – Communication breakdowns among members of the surgical team can lead to catastrophic mistakes. This includes failing to confirm the patient’s identity, surgical site, or procedure, as well as failing to report abnormal vital signs or changes in the patient’s condition.
2. Inadequate Preoperative Planning – A comprehensive review of a patient’s history, imaging, and test results is essential. Skipping this step can lead to complications—such as operating on the wrong organ, missing an allergy, or failing to account for prior conditions.
3. Lack of Skill or Supervision – Hospitals may allow medical residents or newly credentialed staff to perform surgeries with insufficient supervision. Surgical errors often occur when a provider lacks experience or the necessary qualifications.
4. Protocol Failures and System Errors – Safety checklists exist for a reason. When hospitals fail to enforce surgical protocols, allow understaffing, or use outdated equipment, the likelihood of an error increases significantly.
5. Fatigue and Burnout – Surgical teams often work long, grueling shifts. Fatigue impairs cognitive function, judgment, and attention to detail. A tired surgeon may forget a step, misidentify anatomy, or miscommunicate with staff.

How Do You Prove Surgical Malpractice in Pennsylvania?

Medical malpractice lawsuits—especially those involving surgical error—are medically and legally complex. To win a claim, you must show:

• A doctor-patient relationship existed.
• The healthcare provider breached the applicable standard of care.
• That breach directly caused the injury or death.
• The patient suffered measurable damages.

Our team builds cases by working with board-certified medical experts to:

• Review operative and hospital records.
• Analyze vital sign monitoring logs.
• Assess the adequacy of pre- and post-operative care.
• Reconstruct what happened during surgery.
• Compare provider conduct against the recognized standard of care.

Pennsylvania law also requires the filing of a Certificate of Merit—a written statement by a qualified medical expert confirming that your claim is not frivolous and that negligence likely occurred.

What Compensation Is Available in a Surgical Malpractice Lawsuit?

The law allows victims of surgical negligence to seek compensation for a wide range of losses. These may include:

Economic Damages:

• Past and future medical expenses
• Hospitalization and surgical costs
• Physical therapy and rehabilitation
• Home healthcare and medical equipment
• Lost wages and diminished future earnings

Non-Economic Damages:

• Physical pain and suffering
• Emotional trauma and mental anguish
• Loss of enjoyment of life
• Disfigurement or scarring
• Loss of consortium

Wrongful Death Damages (if applicable):

• Funeral and burial costs
• Loss of financial support and benefits
• Loss of love, companionship, and parental guidance

We understand that no amount of compensation can undo what happened—but it can provide vital financial support for recovery and ensure those responsible are held accountable.

Why Trust Ostroff Godshall Injury and Accident Lawyers?

When it comes to medical malpractice law in Pennsylvania, experience, knowledge, and tenacity matter. At Ostroff Godshall, we bring all three to every case. Our firm has:

• Recovered tens of millions of dollars for medical malpractice victims.
• Handled complex surgical error cases across all regions of Pennsylvania.
• A proven trial team prepared to go to court when necessary.
• A reputation for personal, compassionate service to every client.

We handle all malpractice claims on a contingency fee basis. That means you pay nothing unless we win your case. No hourly rates, no upfront legal fees—just results.

Time Limits: Don’t Wait to Speak with a Lawyer

Under Pennsylvania’s statute of limitations, most medical malpractice claims must be filed within two years of the date the injury occurred—or the date you reasonably discovered it. There are exceptions for:

• Minors, whose time to file may be extended until they turn 20.
• Wrongful death claims, which must be filed within two years of death.
• Delayed discovery, as in cases where a foreign object is discovered months or years later.

The sooner you contact an surgical error lawyer, the better your chances of preserving evidence and building a strong case.

Surgical Error Malpractice: Frequently Asked Questions

What’s the difference between a surgical error and a known risk?

Known surgical risks are disclosed in informed consent documents. Surgical errors, on the other hand, result from negligence and fall outside the realm of acceptable complications.

Can I still sue if I signed a consent form?

Yes. Consent forms do not protect providers from liability for negligence. They do not excuse errors that no reasonable physician would make.

What kinds of surgeries most often involve malpractice?

• Spinal surgeries and joint replacements
• C-sections and other gynecological procedures
• Cardiac surgery
• Gastrointestinal operations
• Plastic and cosmetic procedures
• Neurosurgery

Who can be held responsible in a surgical malpractice case?

Depending on the circumstances, you may be able to bring a claim against:

• The surgeon
• The anesthesiologist
• Nurses or surgical techs
• The hospital or surgical facility
• Medical device manufacturers (in cases of defective equipment)

I didn’t discover the error until much later. Can I still file?

Possibly. The discovery rule may apply if you couldn’t have reasonably known about the injury sooner. Each case is different—contact us to review the facts.

Can I afford to hire your firm?

Absolutely. We don’t charge unless we win. And our consultations are always free.

Call a Pennsylvania Surgical Malpractice Attorney Today

You trusted your doctor. If that trust was broken, you deserve answers—and you deserve justice. At Ostroff Godshall Injury and Accident Lawyers, we fight for people harmed by medical negligence in operating rooms throughout Pennsylvania.

Contact us today for a free case evaluation.

Let us help you move forward with confidence and strength.