Anyone who has ever undergone surgery knows how nerve-wracking it can be. You put your trust in your surgeon to be the right person for the job. What if the surgeon is distracted or does not make your health and safety their top priority?

The Dangers Of ‘Never Events’

Surgical errors are among the most dangerous ways a doctor can commit medical malpractice. The Weitz Firm, LLC, advocates on behalf of surgical error victims in Philadelphia, across Pennsylvania and New Jersey, and across the United States. We are prepared to represent clients after any surgical mistake, such as:

  • Wrong-site surgery
  • Leaving surgical instruments or other equipment inside the patient’s body
  • Unnecessary surgery
  • Failure to take appropriate action if complications occur
  • Not addressing post-procedure complications timely and appropriately

Fixing Surgical Errors

A serious error can force you to undergo revision surgery to undo the mistake. In some cases, revision surgery and other treatments may not be able to reverse what happened to you, and you must live with permanent disability. In the worst cases, families lose a member because of surgical negligence.

Attorney Eric H. Weitz is committed to putting negligent surgeons on trial. He has secured multimillion-dollar verdicts and settlements on behalf of his clients. His work as a trial lawyer has helped expose poor healthcare practices and improve the standard of medical care.

FAQs for Surgical Errors Attorneys Philadelphia

Each year, thousands of people in the U.S. are injured due to a surgical error, also referred to as preventable mistakes called “never events.” More than 4,000 preventable surgical errors that occur in our country each year cost over $1.3 billion in medical malpractice payouts.

Experts refer to these preventable surgical errors as “never events” for a reason. These are the medical errors that should never happen and could have been prevented if the surgeon or another healthcare provider adhered to the accepted standards of care.

Common examples of surgical errors, or “never events” are:

  • A wrong-site surgery (performing surgery on the wrong side of the body);
  • Leaving foreign objects, such as a sponge, inside a patient’s body;
  • Causing accidental puncture or laceration in the wrong areas; and
  • Causing damage to internal organs.

How to Recognize Signs of a Surgical Error?

Unfortunately, most surgeons and hospitals are not willing to admit that a surgical error occurred. More often than not, the only way a patient who has undergone surgery finds out about the surgical error is by noticing the symptoms.

If you do not feel well after the surgery or there is something wrong with you not long after the surgery, it may be normal and part of the healing process. However, if you are having unexpected or unusual symptoms, it may be a good idea to consult with an independent medical professional.

Our Philadelphia surgical error attorney at The Weitz Firm, LLC, can help you find a competent medical professional who would examine your case and provide their independent opinion.

How to Prove a Surgical Error Claim in Pennsylvania?

Not all surgical errors are considered medical malpractice, and, therefore, not all people who suffer harm at the hands of surgeons are entitled to compensation.

The chance of winning your medical malpractice after a surgical error depends on how compelling and strong your evidence is. The evidence that you collect as part of your claim should establish fault by proving that another competent and qualified surgeon would not have made the same mistake under similar circumstances.

Being represented by a skilled surgical error lawyer in Philadelphia gives you an edge because our law firm relies on connections with Pennsylvania’s most respected and experienced medical professionals who are willing to give expert testimony in court and demonstrate proof of fault in a compelling manner.

How to Obtain Medical Records to Prove My Case?

While it may seem that it is a hospital’s obligation to provide your medical records upon request, most doctors and hospitals in Pennsylvania have dozens of excuses for why they cannot give you copies of your medical records.

Often, the only way to obtain medical records is to have a Philadelphia surgical error attorney request these records on your behalf. To do so, you will have to file a HIPPA medical record release authorization.

How Much Time Do You Have After a Surgical Error to Sue?

While Pennsylvania law gives two years from the date of the injury to file a lawsuit, you may be able to prove that you could not have been reasonably aware of the injury until a later date, which is considered the date of discovery.

If the “discovery rule” applies, the statute of limitations clock starts ticking on the date you found out about the harm suffered.

Case Evaluations

For an initial consultation with our lawyer, Eric H. Weitz, about your case, please call our office at 267-587-6240, or send us an email.

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