Surgical Errors in Pittsburgh: When Can You File a Medical Malpractice Claim?

Surgical procedures, whether minor or major, require precision, expertise, and adherence to strict medical standards. Unfortunately, errors in the operating room can have devastating consequences for patients and their families. If a surgeon, anesthesiologist, or medical staff member acts negligently, the patient may suffer from serious injuries, prolonged recovery, or even life-threatening complications.

If you or a loved one has experienced a surgical error in Pittsburgh, you may have grounds for a medical malpractice lawsuit. This guide will help you understand what surgical malpractice is, how to prove negligence, the process of filing a claim, and what kind of compensation you may be entitled to.

What Is Surgical Malpractice?

Surgical malpractice is a type of medical negligence that occurs when a surgeon or medical professional makes a preventable mistake before, during, or after surgery, leading to patient harm. While all surgical procedures carry inherent risks, errors that result from negligence rather than unavoidable complications may qualify as malpractice.

Surgeons, hospitals, and anesthesiologists must follow strict protocols to ensure patient safety. However, failures in preparation, execution, or postoperative care can lead to serious complications, permanent disabilities, or even death.

Examples of Surgical Malpractice

Surgical errors can occur in various ways, and some of the most common surgical malpractice cases involve:

1. Wrong-Site Surgery: Operating on the incorrect body part, such as performing surgery on the left knee instead of the right.
2. Wrong-Patient Surgery: Performing a procedure on the wrong patient due to hospital misidentification.
3. Retained Surgical Instruments: Leaving surgical tools, sponges, or medical devices inside a patient’s body.
4. Anesthesia Errors: Administering the wrong dosage, failing to monitor the patient, or allergic reactions due to negligence.
5. Organ or Nerve Damage: Accidentally cutting or perforating internal organs, arteries, or nerves.
6. Unnecessary Surgery: Conducting an operation that is not medically necessary due to misdiagnosis or financial motives.
7. Post-Surgical Infections: Poor hygiene, improper sterilization of tools, or neglecting to monitor a patient’s recovery.

If you have suffered any of these errors, it is crucial to seek legal assistance from a Pittsburgh surgical malpractice lawyer who can help determine if you have a case.

When Is a Surgical Error Considered Medical Malpractice?

Not every negative surgical outcome is a result of malpractice. Some complications are unavoidable, even with the best medical care. However, to qualify as surgical malpractice, the error must meet specific legal criteria.

A valid malpractice case must prove the following four elements:

1. Duty of Care
   A duty of care exists when a doctor-patient relationship is established, meaning the healthcare provider had an obligation to provide competent medical care.
2. Breach of Standard of Care
   A breach occurs when a medical professional fails to follow the standard of care expected in their field. This means the surgeon acted in a way that another competent doctor in the same field would not have done under similar circumstances.
3. Causation
   The patient must prove that the surgeon’s mistake directly caused injury or harm. If a patient was already ill or had underlying health issues, the surgeon’s negligence must be the primary reason for the injury.
4. Damages
   For a claim to be successful, the patient must show they suffered damages, such as:
   • Medical bills for corrective procedures
   • Lost wages due to extended recovery
   • Emotional distress and psychological suffering
   • Permanent disabilities or disfigurement
   • Loss of quality of life

If you can prove these four elements, you may have a strong malpractice case and should consult with an attorney as soon as possible.

 

The Process of Filing a Surgical Malpractice Claim in Pittsburgh

Taking legal action against a hospital or surgeon can be daunting, but a structured approach can improve your chances of a successful case.

1. Obtain Your Medical Records
   Your medical records serve as crucial evidence to establish what happened before, during, and after your surgery. This includes:
   • Preoperative assessments
   • Surgical reports
   • Doctor’s notes
   • Lab test results
   • Post-surgery progress reports

Having these documents reviewed by a medical expert can help determine if a breach of standard of care occurred.

2. Secure Expert Testimony
   Pennsylvania law requires a medical expert to sign a certificate of merit, confirming that your surgeon deviated from accepted medical standards.
3. Understand the Statute of Limitations
   In Pennsylvania, the statute of limitations for medical malpractice lawsuits is two years from the date the error was discovered. If the injury was not immediately apparent, the “discovery rule” allows you additional time to file.

However, there are exceptions:

• Minors: If the victim is a child, the statute does not start until they turn 18.
• Fraud or Concealment: If a doctor deliberately hid the mistake, you may get additional time to file.

4. File a Medical Malpractice Lawsuit
   Your attorney will file a lawsuit against the hospital, surgeon, or medical staff involved. The lawsuit will outline:

• • What went wrong
  • How the surgeon’s negligence caused harm
  • The compensation you are seeking

Many cases are settled before trial, but some may require court proceedings.

 

Who Can Be Held Liable for Surgical Malpractice?

Multiple parties can be responsible for surgical malpractice, including:

1. Surgeons: Responsible for performing the procedure correctly and following best medical practices.
2. Anesthesiologists: Liable for errors in sedation, overdose, or failure to monitor vitals.
3. Nurses and Surgical Staff: Can be responsible for instrument mishandling or failure to assist the surgeon properly.
4. Hospitals: May be liable for employing unqualified personnel, lack of safety protocols, or poor post-operative care.

 

Compensation for Surgical Malpractice in Pennsylvania

The amount of compensation you can receive depends on the severity of your injuries and the long-term impact on your life.

Economic Damages

• Medical expenses (past and future)
• Lost wages and reduced earning potential
• Rehabilitation costs

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Punitive Damages
If the surgeon acted recklessly or with intentional misconduct, punitive damages may be awarded to punish the responsible party.

 

How to Find the Best Surgical Malpractice Lawyer in Pittsburgh

Finding the right lawyer is critical to the success of your case. When searching for a medical malpractice attorney, look for:

1. Experience handling surgical malpractice cases
2. A strong track record of winning settlements and verdicts
3. Knowledge of Pennsylvania’s medical negligence laws
4. Access to expert medical witnesses
5. Ability to negotiate with insurance companies

Many malpractice lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case.

Frequently Asked Questions (FAQs)

How do I know if I have a valid surgical malpractice case?
To have a valid case, you must prove that your surgeon or medical team acted negligently, that their actions directly caused harm, and that you suffered damages as a result. This typically requires expert medical testimony and a thorough review of your medical records. If you experienced a surgical error that could have been prevented with proper care, you should consult an attorney to evaluate your case.

What is the statute of limitations for filing a surgical malpractice lawsuit in Pennsylvania?
In Pennsylvania, you generally have two years from the date you discovered the surgical error to file a lawsuit. However, if the malpractice was not immediately apparent, the discovery rule may allow you additional time. There are exceptions for minors, who have until their 20th birthday to file, and for cases where fraud or concealment delayed the discovery of the malpractice.

Can I still sue if I signed a consent form before surgery?
Yes. Signing a consent form does not give a surgeon permission to act negligently. While a consent form acknowledges that you understand the risks of surgery, it does not protect a doctor from liability if they fail to follow proper medical standards or make a preventable mistake. If negligence occurred, you can still pursue legal action.

How much compensation can I receive for a surgical malpractice claim?
The amount of compensation depends on the severity of your injuries, the extent of financial losses, and the impact on your quality of life. You may be entitled to economic damages such as medical expenses, lost wages, and rehabilitation costs, as well as non-economic damages for pain and suffering. In cases of extreme negligence, punitive damages may also be awarded.

Who can be held liable for surgical malpractice?
Multiple parties can be held responsible, including the surgeon, anesthesiologist, nurses, hospital, or other medical staff involved in your procedure. If the hospital employed the surgeon directly, they might also be liable for failing to properly vet or supervise their employees. Your attorney will investigate all potential sources of liability.

 

Contact Matzus Law, LLC Today

If you or a loved one has suffered due to a surgical error in Pittsburgh, you may be entitled to financial compensation. A qualified medical malpractice attorney can guide you through the legal process, help you gather the necessary evidence, and fight for the compensation you deserve.

Do not wait. Contact Matzus Law, LLC today for a free consultation.