Surgery is stressful under the best of circumstances—and under the worst, life-altering. If your surgeon mistakenly operates on the wrong part of your body, it can cause unnecessary pain, irreversible damage, and a delay in treating the original problem your surgery was meant to address. Wrong site surgery malpractice in Pennsylvania can also cause significant financial damage. A skilled surgical error attorney can help you file a lawsuit to increase your chances of getting the compensation you deserve.
Is a Wrong-Site Surgery Considered Medical Malpractice in Pennsylvania?
There are a few situations that fall under wrong-site surgery. A surgeon might operate on the wrong patient, operate on the wrong body part, or attempt to perform the wrong procedure entirely. All of these errors are usually considered medical malpractice. Hospitals have safety regulations in place to confirm surgical procedures and other details before a surgery begins, and surgeons are responsible for knowing who they are operating on.
To commit malpractice, a surgeon or other health care provider needs to fail to provide the care that another surgeon in the same specialty would have provided. For example, if a hospital has established procedures that require the surgeon and their team to confirm the patient’s name and the surgery being performed before starting, the surgeon would be negligent if they failed to follow that procedure. In many wrong-site surgery malpractice cases, multiple Pennsylvania providers can be held responsible. An attorney can help you determine whom you can and should sue.
What to Expect During a Wrong Site Surgery Lawsuit
Because medical malpractice cases are so complicated, they require an extra step before you can file a claim. Your lawyer is required by 231 Pennsylvania Rule of Civil Procedure 1042.3 to file a certificate of merit along with the lawsuit. A certificate of merit verifies that your attorney has discussed your site error surgery case with a qualified Pennsylvania health care professional, in this instance a surgeon of the same specialty, who believes there are grounds for a malpractice lawsuit.
After getting the certificate of merit, your attorney can file your malpractice lawsuit along with the certificate. Most lawsuits settle before going to trial, which means you can accept a financial compensation offer in exchange for agreeing not to continue with the lawsuit. This means the attorneys for both parties will negotiate possible settlement options while preparing for a potential trial.
If the case does go to trial, expert witnesses will testify about how a reasonable surgeon would have followed procedures to avoid operating on the wrong site. Then, the jury will decide how much compensation you receive for your claim.
Discuss Your Surgical Site Error Case With a Lawyer in Pennsylvania Now
Wrong-site surgery malpractice in Pennsylvania can cause debilitating pain, permanent physical damage, trauma, and delays in getting necessary medical care. Filing a medical malpractice lawsuit holds your negligent surgeon accountable for their actions and can help you recover damages for your medical bills and other expenses. An experienced lawyer will guide you through the process and advise you on key decisions, like whether to accept a settlement offer or continue moving forward toward a trial. Contact The Weitz Firm, LLC to schedule a free initial consultation now.
