When a surgeon makes an error during surgery that results in injuries or further medical complications, the patient may consider filing a medical malpractice claim. Surgical malpractice occurs when a healthcare professional breaches the medical standard of care and causes damages.
Learn more about claiming medical malpractice after a surgical error in Pennsylvania. For legal guidance, consult an experienced attorney.
Examples of Surgical Errors That May Constitute Medical Malpractice
Surgeons undergo many years of schooling and training to learn how to safely and effectively perform surgical procedures. Even small errors can lead to serious complications for patients. If the error was reasonably preventable, the surgeon or medical practice may be liable for malpractice.
Here are a few examples of surgical errors that can produce severe complications and sometimes give rise to malpractice cases:
- Wrong-site surgery, or performing surgery on the wrong body part
- Anesthesia errors that leave patients with too much or too little sedation
- Retained surgical instruments, meaning instruments unintentionally left behind in the patient’s body
- Damage to tissues or organs that is beyond the typical risks for that type of surgery
- Postoperative complications due to failure to monitor the patient or relay proper recovery instructions
All surgeries carry some level of risk, and surgeons weigh the risks against the potential benefits when deciding whether to perform a procedure. Still, when complications arise that are outside the normal risks for that surgery, this may indicate a deviation from the standard of care.
Four Elements of a Medical Malpractice Case
Pursuing a surgical error malpractice claim requires a patient’s legal counsel to prove these four basic elements:
- The medical provider owed them a duty of care.
- The medical provider breached their duty of care.
- An injury occurred as a result of the breach.
- The plaintiff suffered damages from the injury.
Medical providers automatically owe a duty of care to patients under their direct care. They breach that duty when they fail to follow established protocols, use incorrect techniques, or otherwise act in a manner that a reasonable medical provider in their position would not.
The plaintiff and their legal counsel would need to prove that the surgical negligence directly led to their injury and that they suffered damages as a result. This would involve proving that the injury was not a foreseeable complication from the surgery or the result of an unrelated medical condition.
Damages in a surgical error malpractice case can include medical bills and lost wages tied directly to the injury, as well as non-economic damages, such as pain and suffering or loss of quality of life.
Pursuing a Medical Malpractice Claim After a Surgical Error
If a surgical error led you or a loved one to suffer medical complications, consult a medical malpractice attorney about your legal rights and options. You may be eligible to pursue a medical malpractice claim or lawsuit against the medical provider.
The first step in the legal process is filing a Notice of Intent to Sue with the medical provider, followed by a waiting period of at least 60 days before filing a lawsuit. The healthcare practice may attempt to negotiate a settlement with you to avoid legal action. Your attorney can advocate for you during this process.
The statute of limitations for medical malpractice lawsuits is two years from the date the injury was discovered and no more than seven years from the date of the malpractice incident.
Seek Legal Guidance for Surgical Error Malpractice
If you are considering legal action due to surgical error malpractice, consulting an attorney may be advisable. At Ostroff Godshall Injury and Accident Lawyers, we represent clients across Pennsylvania in malpractice cases. Call us today at 855-296-3413 to discuss your legal options.
Frequently Asked Questions (FAQ):
Q What is considered surgical malpractice?
A: Surgical malpractice occurs when a healthcare professional breaches the medical standard of care during surgery, leading to patient injuries or complications.
Q: What are common examples of surgical errors?
A: Common examples include wrong-site surgery, anesthesia errors, retained surgical instruments, damage to tissues/organs beyond typical risks, and postoperative complications due to monitoring failure.
Q: How long do I have to file a surgical malpractice lawsuit in PA?
A: The statute of limitations for medical malpractice lawsuits in PA is two years from the injury discovery date, and no more than seven years from the malpractice incident.
