HKQ Attorneys
Who is Responsible for Surgical Error in Pennsylvania
Surgical procedures carry inherent risks, but some injuries happen from mistakes that could have been prevented. In Pennsylvania, a surgical error may rise to the level of medical malpractice when that error is the result of negligence rather than an unavoidable complication.
Surgical errors can lead to serious consequences such as infection, organ damage, paralysis, or the need for additional corrective surgery. In some cases, these errors can be fatal.
Examples of surgical errors include operating on the wrong body part, leaving surgical instruments inside a patient, improper anesthesia administration, nerve damage, and failure to monitor a patient during or after surgery.
To qualify as malpractice, the patient must typically show that the medical provider failed to meet the accepted standard of care. This often requires expert medical testimony from a qualified professional in the same field.
Pennsylvania law requires that a Certificate of Merit be filed in any medical malpractice claim, including those involving surgical mistakes. This certification confirms that a qualified expert has reviewed the case and believes there is a basis for the claim.
Patients who believe they were harmed by a surgical error should keep all medical records, follow-up instructions, and documentation related to the procedure.
Understanding when a surgical error crosses the line into negligence is critical for patients seeking accountability.