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Free ConsultationPatients and medical boards alike hold surgeons to very high standards. This is due to the very nature of their jobs, where even small mistakes can have lifelong repercussions for patients. Although most surgeons are highly trained professionals who rise to this challenge, there are many who don’t, and in those cases, botched surgeries can occur. The Philadelphia surgical mistake lawyers of Lowenthal & Abrams, Injury Attorneys strongly believe that negligent surgeons need to face the consequences of their errors. And in our legal system, that consequence is a financial one through a medical malpractice claim. If you experienced a surgical error that lead to serious harm or to the death of a loved one, please contact us today for help.
Why Do Surgical Mistakes Happen?
Surgical mistakes are often blamed on understaffed hospitals and poor communication between medical workers. The bottom line is that surgeons and their assistants have a duty to keep their patients safe. Surgical injuries are sometimes, but not always, caused by negligence which can form the basis of a lawsuit.
Some surgical complications are to be expected. They are a risk of surgery. All surgeries have risks. But, when the complication is the result of a violation of the medical standard of care and causes you serious injury, you might have a claim for negligence against the doctor, nurses and hospital involved in your procedure. A lawyer in Philadelphia could help someone who suffered losses as a result of a surgical mistake.
Cutting Incorrectly
When a surgeon is careless with his instruments, he can cut, puncture or tear the wrong body part. This can result in serious damage requiring future surgeries; especially if the doctor fails to notice his error while you are on the table and does not repair it before your initial surgery is concluded. A common surgery where we see an incorrect cut is during gallbladder surgery when a doctor nicks the bile duct or small intestine. In addition, if the doctor gets too close to an organ, you could end up having an organ removed when that was not part of the original surgery. We see this most commonly when a doctor is removing a malignant tumor. Sometimes, once the doctor opens you up he sees that he has to cut more than expected. But sometimes the doctor is overzealous or did not warn you of the potential for loss of an organ ahead of time. In such a surgical errors case, he failed to obtain your informed consent and you should see an attorney in Philadelphia.
The Wrong Surgery
Amazing as it might seem, there are times when a patient receives the wrong surgery. Why does this happen? Most of the time it occurs due to incorrect paperwork or a failure to review the paperwork. The way to decrease your chances of experiencing this kind of a mistake is to speak with your doctor and nurses prior to your surgery and to confirm that they know what surgery you are having.
Operating on the Wrong Site
This cause of this kind of surgical mistake is much the same as for wrong surgery. One of the reasons that doctors draw on you before surgery is to make certain that they will be cutting the correct part of your body. But, if the doctor reads the chart wrong or if the chart is incorrect, you could end up having the wrong part of your body operated on. This is a surprisingly common error and there is no excuse for it. The solution is the same as for wrong surgery. Talk with the doctor and nurses and make sure they are aware of what is being done to you.
Retained Surgical Instruments
If you ever watch tv shows about hospitals, you probably have seen episodes where the doctors panic about not being able to find something. The reason for this is that there are many instruments, sponges and other items used during surgery. It is easy, if proper procedures are not followed, for an item to be left in your body. If you suffer from a retained instrument, you will likely need additional surgery to remove it. When hospitals follow the proper protocol they do not leave instruments in your body. This should never happen. This is why it is called a “never event.” A Philadelphia attorney could help someone take legal action if a surgeon made a mistake and left a foreign object inside of you.
Our Notable Medical Malpractice Case Results
Surgical mistakes can cause devastating and lifelong harm, and families deserve a legal team with a proven record of success. Our attorneys have secured substantial recoveries for patients injured by preventable surgical errors and other forms of medical negligence. Below are examples of the significant results we have achieved on behalf of our clients:
| $15 Million Surgery-Sepsis | $11 Million Birth Injury Case – Baby Seriously Injured | $4.8 Million Medical Malpractice – Wrongful Death Case |
| $3.75 Million Medical Negligence – Negligent Administration of Heparin | $2.4 Million Medical Malpractice – Improper Blood Screening | $2.4 Million Surgical Error – Damaged Sympathetic Nervous System |
| $1 Million Failure to Diagnose – Breast Cancer | $1.6 Million Pediatric Failure to Diagnose – Diabetes | $1.5 Million Failure to Diagnose – Breast Cancer |
| $1.4 Million Birth Injury to Mother – Wrong Medication | $1.2 Million Failure to Diagnose – Deep Vein Thrombosis (DVT) | $1.2 Million Failure to Diagnose – Esophageal Cancer |
Consequences of Surgical Errors
Mistakes made during surgery can lead to serious health complications. Of course the symptoms caused will vary according to the error made and the patient’s overall health, but some of the more common results of surgical error include:
- Nausea and vomiting
- Infection
- Persistent pain
- Fever unrelated to the original diagnosis
- Lung, kidney, or heart failure
- Necessity for additional surgery
If they are not immediately addressed, these symptoms can worsen and lead to disability, chronic pain, and even death. A lawyer in Philadelphia could help someone pursue compensation after suffering a surgical mistake.
How to Find the Best Philadelphia Surgical Mistake Lawyer
Finding the best surgical mistake lawyer in Philadelphia starts with looking for someone who listens carefully to your experience, thoroughly reviews your medical records, and explains your legal options clearly. The best lawyers have a strong track record of handling medical malpractice cases, particularly those involving surgical errors. They know how to identify negligence, gather expert testimony, and fight for the compensation you deserve. When choosing an attorney, look for a team that treats you with compassion, communicates consistently, and is committed to holding negligent medical professionals accountable.
Contact Our Philadelphia Surgical Mistake Attorneys
We at Lowenthal & Abrams, Injury Attorneys are committed to helping victims of negligent surgeons receive the compensation they deserve. Share your story with our Philadelphia surgical mistake lawyers today and learn more about how we may be able to help.
Frequently Asked Questions (FAQs)
1. What should I do if I suspect my surgeon made a mistake during my operation?
If you think something went wrong during surgery, get medical care right away. Don’t confront the surgeon yourself, but instead, contact a surgical malpractice lawyer. They can get your records, speak with independent medical experts and determine whether negligence played a role in your injury.
2. How can I tell the difference between a known surgical risk and a preventable surgical error?
All surgeries have some risks, but a preventable error happens when someone does not follow proper medical rules. If your injury happened because a doctor or nurse made a mistake that should not happen when they do their job correctly, it may be a preventable error, not a normal risk.
3. How long do I have to file a surgical malpractice lawsuit in Pennsylvania?
Most surgical malpractice claims in Pennsylvania must be filed within two years of when you knew or reasonably should have known that malpractice occurred. There are exceptions, especially for minors or injuries discovered later.
4. What types of evidence are used to prove a surgical mistake occurred?
Evidence needed are surgical records, operative notes, anesthesia reports, imaging studies, hospital policies, witness statements and expert medical opinions. Your lawyer reviews these materials to determine if the surgeon or staff failed to meet the expected standard of care.
5. Can I sue both the surgeon and the hospital for a surgical error?
Yes, depending on what happened, the surgeon, surgical team, hospital or medical group may all share responsibility. Hospitals can also be liable for unsafe practices, poor communication or inadequate staffing. Your attorney will identify which parties should be included in the claim.
6. What compensation can I receive in a surgical mistake lawsuit?
You may be able to recover money for medical bills, future treatment, rehabilitation, lost income, reduced earning ability, pain and suffering and emotional distress. You may receive additional damages If the mistake caused severe harm or death.
7. Can a surgical error cause long-term or permanent disability?
Yes. Surgical mistakes can lead to nerve damage, infections, chronic pain, organ problems and other long-term or permanent complications. Thus, many patients may need ongoing treatment or multiple corrective surgeries.
8. Do I need a second medical opinion before pursuing a surgical malpractice claim?
You don’t need a second opinion, but many people choose to get one. Your lawyer will also work with independent medical experts to review your records and determine whether the surgeon failed to meet accepted standards.
9. What happens if a surgical mistake isn’t discovered until months or years after the procedure?
Some errors like retained objects or internal injuries are discovered much later. You may still have a claim. In many cases, the legal deadline starts when you learned or should have learned that something was wrong. A lawyer can help determine whether you are still within the time limit.
10. Will filing a surgical mistake lawsuit affect my future medical care or ability to see the same doctor?
No. Filing a lawsuit does not affect your access to medical care. You also have the right to switch doctors if you no longer feel comfortable with your current provider. Your legal case is separate from your ongoing treatment.
