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Free Consultation“Do no harm” is a fundamental principle in the medical profession. Doctors must prioritize the well-being and safety of their patients above anything else in their practice. When you have sustained an injury because of a medical professional performing a wrongful procedure, our team of skilled medical malpractice attorneys at Lowenthal & Abrams are here to fight for you.
Our Philadelphia wrong procedure lawyers are experienced in handling medical malpractice cases, and we have a proven track record of securing justice and maximum compensation for our clients. Our attorneys have over 40 years of experience helping people who have sustained a medical injury to get just damages for their claims.
Types of Wrongful Procedures
Wrongful procedures encompass a wide range of medical errors and oversights that happen during surgery, and our Philadelphia attorneys understand that these errors can lead to significant harm or injury to a person. Wrong-site surgery is exactly what it sounds like, and this happens when a surgical procedure is performed on the wrong part of the body. For example, operating on the wrong arm or the wrong organ.
In certain cases, a patient may be scheduled for a procedure that is not intended or necessary for their medical condition. This error happens due to misinterpretation of medical records or miscommunication between hospital staff. During surgery, surgeons may make other errors, such as leaving surgical instruments inside the patient’s body, nicking an artery, or performing the wrong type of surgery altogether.
Results We’ve Obtained for Injured Patients
When a medical mistake turns your life upside down, results matter, but so does the path it takes to get there. Below are some notable medical malpractice results our attorneys have obtained for injured patients and their families.
| $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 |
Determining Damages in a Medical Malpractice Case
When a person has sustained an injury due to a healthcare provider’s negligence or medical error, our Philadelphia attorneys can investigate a wrong procedure claim to see if an injured person may be entitled to compensation. Damages in a medical malpractice suit can be classified into two categories: economic and non-economic damages.
Economic Damages
Economic damages are quantifiable losses that have a specific monetary value. Medical expenses including surgeries, hospital stays, medications, rehabilitation, therapy, and medical treatment are all considered economic. Lost income, including future and past earnings, are also under this umbrella. Other examples of economic damages are future medical expenses and cost of care.
Noneconomic Damages
Noneconomic damages are subjective losses that do not have a specific monetary value but are used to repay the injured party for intangible harm. Pain and suffering covers psychological trauma, anxiety, depression, and chronic pain. A loss of consortium claim also falls under noneconomic damages. Loss of consortium refers to damages that can be awarded to the spouse or family members for the loss of love, support, companionship, and intimacy due to the person’s injuries.
Punitive Damages
In certain cases, the court can also award punitive damages in addition to the above two categories. Punitive damage awards serve to punish the injuring party and to deter similar conduct in the future.
Reach out to a Philadelphia Attorney About Your Wrong Procedure Today
When you have been hurt because of a doctor’s medical negligence, it is crucial to hold the negligent party accountable. A Philadelphia wrong procedure lawyer understands the intricacies of relevant state statutes, case law, and legal procedures.
Our skilled legal team at Lowenthal & Abrams can ensure that your rights are protected and that your interests are served throughout the legal process. Please call our firm today to book your introductory case consultation.
Frequently Asked Questions (FAQs)
1. What does “wrong procedure” actually mean?
It’s when a patient ends up getting the wrong medical procedure, the wrong surgery, surgery on the wrong body part, or a procedure that shouldn’t have happened in the first place. Sometimes it’s the plan that was wrong; other times the plan was right but the procedure was carried out incorrectly.
2. If a surgeon operates on the wrong body part, is that malpractice?
It often points strongly in that direction, because wrong-site surgery is the kind of error most patients reasonably expect should never happen. Still, a legal claim usually comes down to proving the mistake caused real harm and losses, like additional treatment, complications, missed work, or long-term limitations.
3. What if I consented to one procedure, but they did something different?
That situation can raise major red flags. Patients generally have the right to make informed decisions about their care. Whether it becomes a legal claim depends on what was explained beforehand, what was done instead, and whether the change was truly necessary in the moment or could have waited for your consent.
4. How long do I have to file a wrong procedure case in Pennsylvania?
Many medical malpractice cases in Pennsylvania are tied to a two-year deadline. In some cases, the timeline can be affected by when you discovered (or reasonably should have discovered) what happened. Because the details matter, it’s smart to talk to a lawyer sooner rather than later.
5. I’ve heard about a “Certificate of Merit.” What is it?
Pennsylvania has a rule that usually requires a Certificate of Merit in medical malpractice cases. In plain terms, it’s a filing that shows a qualified medical professional has reviewed the situation and supports that the care may have fallen below the professional standard (or that another allowed basis applies). Missing it or filing it incorrectly can seriously damage a case.
6. What are common examples of wrong procedure errors?
Some examples include operating on the wrong site, performing the wrong operation entirely, operating at the wrong level (like the wrong vertebra), leaving a surgical item behind, or causing avoidable injury to nerves, organs, or blood vessels during a procedure. In other cases, the “wrong procedure” is that the patient was taken to surgery when it wasn’t medically appropriate.
7. What kind of proof helps in a wrong procedure claim?
The paper trail matters. Things like the surgical consent forms, operative report, anesthesia records, imaging, pathology reports, and follow-up notes can help show what was planned, what actually happened, and what injuries followed. Medical expert review is also a big part of most malpractice cases.
8. Can the hospital be held responsible, or is it only the doctor?
Sometimes it’s not just one person. Depending on what went wrong, responsibility may include the surgeon, other staff involved in the procedure, and the facility itself. Mix-ups can happen because of system failures too, such as miscommunication, wrong chart information, scheduling errors, or breakdowns in patient identification and pre-op safety checks.
9. What compensation can someone recover after a wrong procedure?
If a case is proven, damages can include out-of-pocket medical costs, future treatment needs, lost income, and the impact the injury has on daily life. Pain and suffering may also be part of the case. Punitive damages are possible in limited situations, but they’re not part of every claim and usually require more than a simple mistake.
10. What should I do if I think I was the victim of a wrong procedure?
First, focus on your health. Get follow-up care and make sure the injury is documented. Then request your records, keep a simple timeline of events, and save bills and discharge paperwork. If you’re considering legal action, speaking with a malpractice attorney early helps protect deadlines and prevents mistakes like signing something you shouldn’t.
