Wrong Procedure Or Wrong Patient Lawyer Pittsburgh, PA
Skilled Medical Malpractice Lawyers Represent Clients Harmed by Performance of the Wrong Surgical Procedure or Wrong Patient Surgery in Allegheny County, Butler County, Westmoreland County and Across Western Pennsylvania
Surgical malpractice cases where the surgeon has performed the wrong surgical procedure or has performed the procedure on the wrong patient, are shockingly common in the United States. While these mistakes may seem unimaginable, hospitals are often understaffed, staff members may be undertrained and surgeons themselves may be exhausted. In fact, many surgeons work in a variety of hospitals and often have little time to even get to know the patients on whom they operate—leading to thousands of cases throughout the country where the wrong surgical procedure is performed on the wrong patient each year.
At Matzus Law LLC, our experienced Pittsburgh surgical malpractice lawyers know that it is never possible to make you fully whole again after you have suffered harm because a surgeon has performed the wrong surgical procedure. Despite this, when you have suffered such an egregious harm at the hands of a trusted medical professional, you deserve a financial compensation package that fully accounts for all of your medical expenses, lost wages, pain and suffering and more. If you or a loved one have been harmed because a surgeon performed the wrong surgical procedure on the wrong patient, call us today for a free initial consultation to discuss recovering fair compensation for that harm.
Action Steps to Prevent Wrong Procedure or Wrong Patient Surgical Mistakes in Pittsburgh Hospitals
Almost every case where the wrong surgical procedure is performed, or a surgery is performed on the wrong patient, arises because of negligent on the part of the hospital, surgeon or medical staff members. Generally, wrong procedure or wrong patient surgeries are caused by the medical team’s failure to take the time to properly communicate prior to the surgery. While these mistakes are never the patient’s fault, there are some action steps that a patient can take to avoid suffering harm because the surgeon has performed the wrong surgical procedure or the correct procedure on the wrong patient, as follows:
- Make sure to read all paperwork and double-check for accuracy
- Ask questions of the surgical team prior to the surgery
- Immediately prior to the surgery, and before anesthesia, as the surgical team to stop and verify your personal injury and the surgery to be performed
- Insist that the team mark your surgical site with permanent marker while you are still conscious (you can even ask the surgeon to initial that site for verification)
Our Dedicated Malpractice Lawyers Advocate for Clients Harmed by Wrong Surgical Procedure or Wrong Patient Surgical Mistakes
In general, to establish a valid claim for medical malpractice, it is necessary to show that the act or omission involved was so unreasonable that any reasonable trained medical professional would not have acted in the same manner under the circumstances. In cases involving performance of the wrong surgical procedure or surgery on the wrong patient, the mistake is almost always egregious enough to rise to this level and create a valid claim for medical malpractice. Despite this, establishing why the wrong surgery was performed can be key to establishing your case. Wrong procedure/wrong patient surgeries often occur because of:
- Time constraints. Rushing through preoperative surgical procedures can cause surgical staff members to skip steps and fail to verify the patient’s identity.
- No “Time Out.” Studies show that when the entire surgical team takes a “time out” to verify the patient’s surgery, personal information and staff members’ responsibilities after the patient has been prepped for surgery, the likelihood of performing the wrong surgical procedure is reduced.
- Multiple surgeries or surgeons. When a patient must undergo multiple procedures involving multiple surgeons on the same day, the odds that the surgeon will mistakenly perform the wrong procedure on the wrong patient increase.
Were You Harmed Because of Surgery Involving the Wrong Procedure/Wrong Patient? Call Our Skilled Malpractice Lawyers for Help Today
Our seasoned medical malpractice lawyers at Matzus Law LLC have developed a proven track record for providing smart and compassionate legal guidance to clients who have suffered harm after the wrong surgical procedure was performed. We have over 20 years’ worth of experience advocating for our clients’ right to full and fair compensation when a surgeon’s mistake causes them to suffer harm, and we are standing by to put that experience to work for you.
To schedule a free initial consultation to discuss options for recovering compensation in a case involving the wrong surgical procedure or wrong patient surgery, call our office or fill out this online contact form.
Frequently Asked Questions About Claim Involving the Wrong Surgical Procedure or the Wrong Patient
FAQ: Can wrong patient surgeries be prevented?
Absolutely. Almost all cases involving the wrong surgical procedure or wrong patient would be entirely preventable if the surgical team was effectively communicating prior to the surgery. Unfortunately, because of understaffing and the fact that hospital staff members are often rushed, that communication may not take place. When hospitals put protocols into place to require double and triple checking patient information and effectively train all staff members in those protocols, the instances of wrong patient surgeries can be reduced dramatically.
FAQ: What do I need to prove to establish liability if I was harmed because the surgeon performed the wrong surgical procedure?
Most medical malpractice cases require a showing of negligence on the part of someone on your medical team. In wrong surgical procedure cases, however, a legal doctrine known as res ipsa loquitor will likely apply. This Latin term means “the thing speaks for itself”—in other words, if your surgeon performed the wrong procedure, the fact that someone was negligent is taken as a given. These cases then come down to establishing what happened so that we can determine who, exactly, was ultimately responsible for the harm. Generally, it is the surgeon who is liable, but if the surgeon was employed by the hospital, the hospital may ultimately be financially liable. Nurses and other surgical staff members can also be held responsible in wrong surgical procedure cases.