When your health care provider neglects to perform a surgery or medical procedure that you need—and you suffer harm as a result—you can hold them accountable with the help of our team of surgical error attorneys. Pennsylvania failure to operate malpractice cases often revolve around surgeries that were delayed or never performed, leading to injury. Contact The Weitz Firm, LLC, today to see if you have a possible case for medical malpractice against your provider.
What Is a Failure to Operate Case?
A surgical neglect case in Pennsylvania arises when your health care provider negligently fails to perform a necessary surgical procedure, causing you harm. Unlike standard surgical errors, these cases focus on the provider’s omission rather than an incorrect action. Examples of these preventable errors include failing to remove a tumor in time, not performing emergency surgery, or delaying an operation that would have prevented further complications.
Causes of Surgical Neglect
A doctor’s inaction can be due to a range of scenarios. Typical causes of delayed or missed surgeries include:
- Mishandling administrative or scheduling tasks that delay your surgery
- Refusing to operate when medically indicated, without a valid justification
- Misdiagnosing or delaying diagnosis, which prevents you from getting surgery in time
- Failing to communicate with you about worsening symptoms or the need for urgent treatment
- Neglecting the standard of care by ignoring accepted medical guidelines that recommend surgical intervention
Regardless of which circumstance applies to you, any doctor in Pennsylvania has a standard of care they must follow, and failure to do so (in this case, bypassing a necessary surgery) is grounds for a malpractice case.
Proving Negligence
In any missed surgery malpractice case in Pennsylvania, you must prove that your provider was negligent to receive financial compensation. Negligence means that your doctor did not act as a qualified physician would under the same circumstances. Presumably, a competent surgeon would operate in time to avoid injury. You must also prove that the doctor’s inactions caused you injury or that the failure to operate worsened your health.
Our lawyers will work with expert witnesses to establish your doctor’s negligence. We use your medical records and expert testimony to showcase the substandard care that you received and the choices the doctor made.
Compensation for Medical Misconduct
If you prove medical misconduct, you are entitled to full compensation for the harm you suffered. In Pennsylvania, the value of a missed surgery claim depends on several factors, including the severity of your injuries, the cost of past and future medical care, lost wages, and the impact on your quality of life. Cases involving permanent injury, disability, or life-threatening complications typically carry higher compensation potential due to ongoing medical needs and limitations.
Juries and insurance companies also consider your pain and suffering, emotional distress, and any loss of enjoyment of life when calculating these damages. Our experienced attorneys can review your medical records, consult specialists, and assess your damages to provide a realistic estimate and help you pursue the full compensation you deserve.
Contact Our Pennsylvania Attorneys for Assistance With Your Failure to Operate Case
Pennsylvania failure to operate malpractice cases involve delayed or missed surgeries that lead to serious health problems. We can work to hold the medical provider accountable for the harm that they have done to you. Our firm is committed to reviewing every detail of your claim to help you seek compensation. Call our experienced lawyers at The Weitz Firm, LLC, if you have a challenging case that requires a strong trial lawyer, and we will set you up with a free consultation.
