When a surgical procedure goes wrong and a patient suffers catastrophic harm, it’s possible the surgeon or another healthcare provider could be held liable through a medical malpractice lawsuit. However, determining whether medical negligence caused the surgical error requires a careful analysis by an experienced lawyer. The Philadelphia medical malpractice attorneys at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. can help.
Our Pennsylvania personal injury law firm has recovered over $4 billion in compensation for our deserving clients, including many multi-million-dollar verdicts for victims of medical malpractice. Put us to work for you. Contact us today for a free consultation with a medical malpractice lawyer in PA.
What Are Surgical Errors?
A surgical error is a preventable injury that occurs during surgery. According to the National Institutes of Health (NIH), surgical errors fall outside of the category of acceptable risks that accompany surgery. These are mistakes that could have been avoided if providers adhered to proper protocols.
Many surgeries are inherently risky and carry the possibility of complications, which is why patients sign consent forms before these procedures. A consent form outlines the known risks associated with the surgery, and by signing, the patient acknowledges their awareness of these risks and indicates their consent to undergo surgery.
However, surgical errors are not known risks. These errors are unexpected occurrences. Yet, whether due to commission (wrong action taken) or omission (no action taken), surgical errors can have catastrophic results for patients and their families.
Leading Causes and Contributing Factors to Surgical Errors
Surgical errors often occur due to:
- Lack of training – A surgeon who lacks proper training but attempts to perform a procedure can commit catastrophic errors.
- Poor preparation – A surgeon or facility that is short-staffed, behind schedule, or unfamiliar with a patient’s condition is unprepared to perform a surgical procedure properly. For example, an error can occur if necessary surgical instruments are unavailable or the surgeon rushes through an operation.
- Fatigue – Surgeons and medical staff often work long hours. Exhaustion, inability to focus, and slow reaction times can lead to mistakes with long-lasting consequences for a patient.
- Substance use – A medical professional working under the influence of drugs or alcohol is more likely to commit a surgical error. Their work may be less precise, and their impairment may impair their judgment and reaction time.
- Lack of communication – The failure of doctors and staff to communicate with each other and the patient can result in serious surgical errors. These errors include administering incorrect medications, using improper equipment, or operating on the wrong surgical site. Several malpractice cases have stemmed from surgeons not listening to operating room staff about biopsy results and the location of proper surgical sites.
- Failure to monitor the patient – Complications such as internal bleeding, infections, and loss of vital signs can arise when surgeons and staff fail to monitor a patient’s condition during and after surgery.
One analysis of surgical errors in malpractice claims found that 31 percent of these cases involved errors occurring in multiple phases of care, including before, during, and after surgery. Most medical malpractice cases in hospitals involve surgical errors.
Common Errors on the Operating Table
Surgeries can go wrong for various reasons. Some of the most common errors on the operating table include the following:
- Improper administration of anesthesia
- Wrong-patient surgery
- Wrong-site surgery
- Harming healthy body parts during surgery
- Leaving medical instruments or other foreign objects inside the patient
- Failure to address complications during surgery
- Failure to monitor the patient following the operation
If you or a loved one suffered complications from an error during surgery, speak with a medical malpractice lawyer in PA immediately.
The Consequences of Surgical Errors
Surgical errors can have tragic ramifications. They can result in life-changing injuries and medical complications that expose patients to additional risks, including death. Some of the most common injuries from medical errors include:
- Permanent scarring or disfigurement
- bleeding
- Hemorrhage
- Organ damage
- Nerve damage
- Brain damage
- Infection
- Amputation
- Disability
- Paralysis
- Death
In addition to the physical effects of surgical errors, many patients experience emotional and psychological aftereffects, including anxiety, depression, or post-traumatic stress disorder (PTSD). Their families may also suffer due to the experience of witnessing a loved one go through significant physical and emotional trauma.
Proving Liability for Surgical Malpractice in Philadelphia
Proving liability for surgical malpractice requires proof of negligence.
The patient must demonstrate:
- The medical professional had a duty to care for the patient.
- The provider failed to perform the surgery the way another similarly trained healthcare provider in the same specialty would have done under the same circumstances.
- The negligent failure caused injury to the patient.
- The patient experienced damage or loss resulting from the injury.
At Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C., our experienced trial attorneys will gather and preserve crucial evidence to prove liability for surgical malpractice.
Potential evidence could include:
- Medical records, including records of additional medical treatment required due to the malpractice
- Expert testimony
- Witness statements
- Hospital records
- Photos of injuries resulting from the malpractice
- Medical bills, hospital statements, and records of other losses
The Certificate of Merit (COM) in Pennsylvania
In Pennsylvania medical malpractice cases, a plaintiff (the injured patient) must comply with the certificate of merit (COM) requirement. Under this requirement, the patient or their surgical error attorney must file a signed COM with the medical malpractice complaint or within 60 days of filing the complaint. The COM must assert at least one of the following:
- An appropriate licensed professional has provided a written statement opining that there exists a reasonable probability that the care, skill, or knowledge exercised by the defendant or defendants in the plaintiff’s treatment fell outside acceptable professional standards and that such conduct constituted a cause of the plaintiff’s harm.
- The plaintiff’s negligence claim against the defendant relies solely on allegations that another licensed professional for whom the defendant bore responsibility deviated from acceptable professional standards.
- The plaintiff’s claim does not require expert testimony from an appropriate licensed professional (such as a surgical error claim involving a surgical team leaving equipment inside a patient).
The COM requirement does not require the “appropriate licensed professional” who furnishes the written statement to testify at trial in the medical malpractice action. However, the professional must have sufficient education, training, and experience to qualify to testify at trial. As a result, the licensed professional typically must practice in the same or a highly similar medical discipline, specialty, or subspecialty as the defendant.
The COM rules require a patient or their surgical malpractice attorney to file a certificate for each licensed professional named as a defendant.
Failure to comply with the COM requirement in a medical malpractice lawsuit may give a named defendant grounds to move to dismiss the action, regardless of the merits of the plaintiff’s claim.
Why Choose Our Philadelphia Surgical Malpractice Lawyers
Have you suffered complications from negligent medical care or a surgical error? A Philadelphia surgical error lawyer from Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. can help you pursue all of the compensation due to you under the law. Our firm has earned a national reputation for taking on the toughest catastrophic injury cases. Although our past success does not guarantee future results, our team has a proven track record of success in some of the country’s most notable cases.
Unlike other firms that may look to settle a case as quickly as possible, we won’t hesitate to take a case to trial to advocate for our client’s rights and interests. When you choose our personal injury law firm to represent you after medical malpractice or a surgical error, you can trust that we will always keep you as our top priority. We dedicate our resources and abilities to help you recover after a severe, life-altering injury or complication caused by a healthcare provider’s avoidable mistake.
As one client wrote about their experience with our firm:
“Fred Eisenberg and his staff helped me through the most difficult time of my life. … Although no amount of money could bring my husband back to me, the settlement they negotiated eliminated the financial stress that his death placed on my children and I. … I could not have chosen a more knowledgeable and caring group of people to represent me.”
Contact an Experienced Philadelphia Malpractice Lawyer to Start Your Medical Malpractice Lawsuit
If you or a loved one suffered harm from a surgical error, you need an aggressive and compassionate legal team to help you seek justice. The Philadelphia medical malpractice lawyers at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. help individuals pursue the financial relief they deserve after suffering horrific harm at the hands of negligent medical providers.
Winning a medical malpractice lawsuit requires impeccable preparation, extensive trial experience, and an attorney with the skills and resources to build a solid claim that delivers maximum compensation to their clients. Our firm has a track record of recovering over $4 billion in compensation for clients throughout Pennsylvania.
You don’t have to face this difficult time alone. For life’s toughest trials, turn to Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. Contact our office today for a free, confidential consultation with a medical malpractice attorney in Pennsylvania.
BUSINESS INFORMATION
Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@1634legal.com
