Surgical errors are one of the most common and catastrophic forms of medical malpractice. But not every disappointing result qualifies for a malpractice claim; surgery carries known risks even when performed correctly.
Surgical mistakes are considered medical negligence when a provider’s conduct violates accepted medical standards and causes harm to the patient. The key question in a Philadelphia surgical error case is whether a competent surgeon, under the same circumstances, would have acted differently during the surgical procedure.
Signs You May Have Suffered a Surgical Error
Certain outcomes strongly suggest something went wrong in the operating room. Many of these are “never events,” meaning they should never happen in a properly functioning healthcare system.
Common signs of surgical error malpractice include:
- Wrong-site, wrong-procedure, or wrong-patient surgery. These happen when a surgical team operates on the wrong body part, performs the wrong operation, or treats the wrong patient.
- Retained foreign objects, such as a sponge, clamp, or instrument left inside the body after closing. These objects often cause pain, infection, and the need for another operation.
- Anesthesia errors, including too much or too little anesthesia, or a failure to monitor the patient. These errors regularly result in serious brain injuries and heart issues.
- Nerve or organ damage beyond known risks. This refers to cutting or damaging body parts that the procedure should never have touched.
- Severe post-operative infection. Some post-surgery infections are directly traceable to unsterile instruments or poor surgical techniques.
- Unexpected complications requiring corrective surgery. These features are a result so far outside the norm that a second procedure is needed to fix it.
Any mistake that suggests substandard care may constitute malpractice if it injures a patient or worsens their condition.
When is a Bad Surgical Outcome Not Considered Malpractice?
A poor result alone does not prove negligence. Every surgery carries risks that the patient accepts through informed consent; some complications occur even with proper care.
Malpractice requires a breach of the standard of care that actually caused the harm. A known, disclosed risk that materializes despite proper technique generally is not malpractice.
Proving a Surgical Error in Pennsylvania
Pennsylvania law requires specific steps to show that a surgical error and patient injury violated the standard of care expected of a surgical team. Under PA Rule of Civil Procedure 1042.3, a malpractice victim must file a certificate of merit within 60 days of the complaint. This document is a licensed expert’s written statement that the care likely fell below accepted standards.
Experts will also play a role if the case proceeds to court. During discovery and trial, medical specialists may be called upon to provide testimony about the standard of care for the procedure and whether the surgical team failed to follow accepted standards. They may also help assess a patient’s past and future damages from the mistake.
If you suspect a surgical error harmed you or a loved one, the best way to determine your rights is to consult an experienced Pennsylvania medical malpractice attorney. Your attorney can review the facts of your case and explain whether the error constitutes medical negligence. Call Morris Wilson Knepp Jacquette, P.C. at (610) 825-0500 for a free consultation to learn more.