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Medical malpractice claims make up less than 2 percent of all civil cases, and yet deaths from medical malpractice are estimated to be up to 250,000 per year, adding up to what is technically the third largest cause of death in the United States. These staggering numbers should produce more than only 2 percent justice for victims of negligence at the hands of doctors and hospitals. However, most people who experience serious harm due to medical malpractice are either unaware of the process of making a case, get overwhelmed by it, or don’t know that there is a statute of limitations on making a claim.

How Would I Know If My Doctor Committed Surgical Malpractice?

Surgical malpractice occurs when a preventable error occurs during an operation. These can occur as a direct result of the doctor’s actions, or as a result of other factors such as miscommunication, poor preoperative preparation, doctor fatigue, the influence of alcohol or drugs, or inadequate procedures. A mistake at the hand of the surgeon could be due to their inadequacy in performing the surgery, or simply their own neglect.

What Do I Need To Have A Surgical Malpractice Case in Philadelphia?

Doctors and surgeons are expected to meet accepted standards of care, as compared to competent practitioners in the same area of surgery under similar circumstances. Errors occur when the surgeon’s negligence causes that standard to be unmet. In your surgical malpractice case, you must show that “a reasonable degree of medical certainty” exists that the standard of care was breached, directly causing the harm.

If you experienced a surgical error and can demonstrate:

  1. That the surgeon or medical team had a legal duty to you, the patient, to a standard of care
  2. That the surgeon or medical team did not meet that standard of care
  3. That the actions of the surgeon or medical team directly caused your injury or illness,
  4. That you have suffered as a result of this injury or illness

You likely have a surgical malpractice suit on your hands.

What Could Be Considered A Surgical Error?

Surgical errors are beyond the acknowledged risks of surgery, for which patients must sign an “informed consent” form, showing that they have been made aware of all of the possible complications and risks from the surgery (with the exception of patients who are incapacitated due to injury or illness and unable to sign such a form.) A surgical error would not be included in those risks. A surgical error could include (but is not limited to):

  • Wrong site surgery, where the wrong part of the body is operated on
  • Wrong patient surgery, where the operation is performed on the wrong patient
  • Nerve damage
  • Infection
  • Damage to organs and tissue
  • Anesthesiology errors

For example, a patient goes in for a nephrectomy, which is a procedure to remove one or both kidneys when it is no longer functioning properly or is diseased. The surgeon removes the wrong kidney during the operation; a perfectly healthy, functioning kidney. The patient subsequently has to go in for a second surgery to remove the non-functioning or diseased kidney as a direct result of the negligence of the surgeon, a procedural error, or the miscommunication of the medical team. The patient would then end up with zero functioning kidneys, resulting in the need for a kidney transplant or to be on dialysis for the rest of their life, which is the harm and suffering caused by the surgeon’s or medical team’s actions.

What Should I Do If I Think I’ve Experienced A Surgical Error?

According to a report published by Phillyvoice.com, two Philadelphia-area hospitals have recently faced punishment by the federal government for “excessively high” rates of infection and injuries amongst its patients. The program, designed to reduce infection, blood clots, injuries, and other incidents, was created through the Affordable Care Act, and results in a reduced Medicare payout to the hospital.These hospitals, Albert Einstein Medical Center in North Philadelphia and Pennsylvania Hospital in Center City, failed to meet the accepted standards of care and failed to keep their patients safe.

Wrong-site, wrong-side, and wrong-patient surgeries are strangely common errors, and are a clear case of surgical malpractice. All of these types of cases require significant amounts of evidence, medical expertise, and can be tedious and costly, but with the right legal team, you can get the compensation you deserve. The attorneys at Thistle Law have decades of experience in Philadelphia surgical malpractice lawsuits. If you think you have a surgical malpractice lawsuit on your hands, give us a call at 215-525-6824 or fill out our contact form for a free consultation.