Philadelphia Surgical Mistake Lawyer

Patients 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.

Recent data from the Pennsylvania Patient Safety Reporting System highlights the persistent challenge of surgical safety. In 2023, ‘Errors Related to Procedure, Treatment, or Test’ remained the most frequently reported event category statewide. Notably, within the specific subtype of complications following surgery, 54.6% involved unplanned returns to the operating room, illustrating how procedural complications often necessitate immediate and serious secondary interventions.

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.

Common Types of Preventable Surgical Errors in Pennsylvania

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.

Between 2015 and 2019, healthcare facilities in Pennsylvania reported 368 wrong-site surgery events. That averages about 1.4 wrong-site surgeries per week. Nearly 76 percent of those cases resulted in temporary or permanent harm. These numbers show that wrong-site and wrong-procedure events are not just rare headlines. They continue to happen despite safety protocols.

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.

Pennsylvania hospital reports documented at least 128 retained surgical items over a two-year review period, with surgical sponges being the most common object left behind. Analysts estimate that retained surgical items occur at a rate of about 1 to 2 incidents per 100,000 surgical procedures in Pennsylvania facilities.

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

What Signs May Point to a Surgical Mistake After the Operation?

Some surgical errors are obvious. Others are discovered only after a patient begins to experience unexpected symptoms.

Possible warning signs include:

• Severe pain that does not improve
• Fever unrelated to the original condition
• Swelling, drainage, or unusual redness
• Difficulty breathing
• Sudden weakness or numbness
• Confusion or fainting
• Ongoing nausea or vomiting

If you experience new or worsening symptoms after surgery, seek medical care immediately. Prompt treatment protects your health and also creates a record of what happened.

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 Surgical Errors Affect Recovery and Long-Term Health?

Surgical mistakes can do more than cause short-term discomfort. They can change the entire recovery process.

When surgery goes wrong, patients may face:

• Longer hospital stays
• Repeat procedures
• Extended physical therapy
• Chronic pain
• Reduced mobility
• Emotional distress

A serious surgical mistake can also change a patient’s long-term health. Instead of improving the original condition, the error may create new complications that require lifelong monitoring or treatment.

Understanding the long-term impact helps explain why accountability matters.

Who Can Be Responsible for a Surgical Mistake?

When you go into surgery, you aren’t just putting your life in the hands of one person; you are trusting an entire ecosystem of professionals. While the surgeon’s name is on the door, a modern operation is a high-stakes event. When a mistake happens, it’s rarely a solo error; it’s often a series of broken links in a chain.

Liability for a life-altering error may rest with:

• The Surgical Team: Beyond the lead surgeon, assistant surgeons and physician assistants are often responsible for specific incisions or closures. If an assistant is poorly supervised or a nurse is distracted while tracking surgical sponges, the entire team’s focus can splinter.
• The Anesthesia Professional: These specialists (anesthesiologists or CRNAs) are your lifeline. They are responsible for your heart, your breath, and your brain throughout the procedure. A failure to monitor these vitals is a unique and devastating form of negligence.
• The Facility Itself:  The hospital or surgical center provides the environment. If the facility was chronically understaffed, if they forced a team to work double shifts, or if they failed to maintain the equipment, the hospital itself may be to blame for a “system failure.”
• Administrative Groups: Sometimes, the fault lies in the boardrooms rather than the operating rooms. If a medical group’s policies prioritized speed over safety checklists, they share in the accountability for the outcome.

In many cases, the issue isn’t just one person having a bad day. It’s a communication breakdown. A  failure to speak up when a count was wrong, a missing signature on a chart, or a rushed pause before the procedure begins.

Philadelphia surgical error lawyers don’t just look at the person holding the scalpel; they look at the logs, the staffing levels, and the internal communications to see exactly where the safety net failed you.

What Makes Surgical Error Cases Difficult to Detect?

Some surgical mistakes are obvious right away. Others may not become clear for weeks or even months after the procedure. This delay can make it harder for patients to understand what happened.

Certain complications, such as infections or internal bleeding, may first appear as normal post-surgical discomfort. Patients may assume pain, swelling, or fatigue is part of recovery. In some cases, providers may also describe symptoms as routine healing before realizing something more serious occurred.

Examples of surgical errors that are sometimes discovered later include:

• Retained surgical sponges or instruments
• Nerve damage that becomes noticeable after swelling decreases
• Internal organ injury is not visible during the procedure
• Post-surgical infections caused by improper sterile technique

Because surgery involves many steps and multiple providers, reviewing what happened can require a careful look at operative reports, anesthesia records, and follow-up notes.

If something does not feel right after surgery, trust your instincts. Seeking a second opinion and requesting your records can help clarify whether the issue was an expected complication or a preventable mistake.

A Philadelphia surgical errors lawyer can help review the timeline of your surgery and recovery to determine whether the harm may have resulted from negligence.

How Surgical Safety Protocols Are Designed to Prevent Mistakes?

Hospitals and surgical centers follow strict safety procedures to reduce risk.

These include:

• Pre-surgery verification checklists
• Marking the correct surgical site
• Time-out procedures before incision
• Instrument and sponge counts before closing
• Continuous anesthesia monitoring
• Postoperative monitoring protocols

When these safeguards are ignored, rushed, or poorly executed, mistakes can happen. Breakdowns may involve communication failures, incomplete chart review, or failure to follow established protocols.

A Philadelphia surgical errors lawyer may review whether these required safety protocols were followed during your procedure.

How Do You Prove a Surgical Error Claim in Philadelphia?

To pursue a claim, several elements must be shown:

• Duty of care: The provider had a professional relationship with the patient.
• Breach of the standard of care: The provider failed to act as a reasonably careful surgeon would under similar circumstances.
• Causation: The mistake directly caused harm or made the outcome worse.
• Damages: The patient suffered measurable injury.

Pennsylvania also requires a Certificate of Merit. A qualified medical professional must review the case and confirm there is a reasonable basis for the claim before it proceeds.

These cases often depend on detailed medical records, surgical notes, and medical review.

How a Philadelphia Surgical Errors Lawyer Can Help?

Surgical malpractice cases are often complex. They involve detailed medical records, technical procedures, and strict legal rules. A Philadelphia surgical errors lawyer helps guide you through that process and protects your rights from the beginning.

A Philadelphia surgical errors lawyer assists by:

• Obtaining complete medical records, including operative reports, anesthesia records, nursing notes, and follow-up documentation. These records help show exactly what happened during and after surgery.
• Consulting qualified medical reviewers who can compare the care you received to accepted medical standards and explain whether the mistake could have been prevented.
• Building a clear timeline of events before, during, and after the procedure. This helps connect the surgical error to the harm that followed.
• Calculating financial and medical damages, including the cost of corrective surgery, rehabilitation, lost wages, future care needs, and long-term impact on your ability to work.
• Handling communications with insurance companies and hospital representatives, so you are not pressured into giving statements or accepting a quick settlement before the full extent of your injury is understood.
• Preparing the case for negotiation or trial, if necessary, by organizing evidence, reviewing expert opinions, and presenting a clear explanation of how the mistake caused harm.

These claims are technical and evidence-driven. Acting early helps preserve records, protect deadlines, and strengthen the case. If you believe you were harmed by a surgical mistake, speaking with a Philadelphia surgical errors lawyer as soon as possible can help you understand your options and next steps.

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.