Surgical complications can be grounds for a medical malpractice claim when a surgeon or surgical staff member deviates from the acceptable standard of care. When a preventable mistake is made during surgery, you may be entitled to compensation for your injuries. At Marzella & Associates, we know that a patient may feel helpless following a surgical injury. Thankfully, our Harrisburg surgical error attorneys are here to help you make informed decisions regarding your rights.
What are Surgical Errors?
Surgical errors are often completely preventable mistakes that happen during an operation. Many of these mistakes should never occur with qualified medical care, and such surgical errors are known as “never events.” Surgical errors are the result of medical negligence, not a byproduct of known risks.
Common surgical errors include the following:
Wrong Site Surgery or Wrong Patient Surgery
Wrong-site surgery may include operating on the wrong body part, the wrong side of the body, or even the wrong patient. Common examples of wrong-site surgery include having the wrong kidney removed or the wrong leg amputated. The wrong patient may be operated on if patient charts are mislabeled, such as if the patients have similar last names.
Both wrong-site and wrong-patient surgeries can leave a patient in worse condition than before. Even though hospitals institute a surgical time-out to ensure that the patient, procedure, and surgical site are correct, wrong-site surgeries still occur about 40 times per week.
Retained Foreign Objects (RFO)
The surgical team is responsible for working together to ensure proper instrument counts, especially during patient closure. Examples of RFOs include gauze, surgical sponges, clamps, retractors, and other surgical instruments. An object left within a body cavity after a procedure can result in post-operative infections, sepsis, and even death. Oftentimes, an RFO may not be discovered until a patient begins to experience symptoms.
Nerve Damage
Even a fraction of an inch can make a major difference when using a scalpel. A minor slip of the scalpel can cause damage to a nerve. Nerve damage is most often caused by injury to the myelin sheath, the protective covering that surrounds nerve cells. When the myelin sheath is damaged, nerve impulses will be compromised, preventing electrical activity between the nerve and the brain. Nerve damage may present as numbness, tingling, or a burning sensation. Although it accounts for only 2% of surgical errors, it is no less debilitating than other injuries.
Anesthesia Errors
Anesthesia errors can range from failing to monitor vital signs to administering the wrong medication or an incorrect dosage. The error may be caused by a physician, an anesthesiologist, or another member of the care team. Anesthesia errors can cause cardiac issues, brain injury, and potential death.
Your Rights as a Patient After a Surgical Mistake
If you have been injured as a surgical patient, you have the following rights:
Access to Your Medical Records & Control Over Their Release
Pennsylvania Code states that all patients have a right to access their medical records. However, an exception is made if the treating physician believes that the release will be detrimental to the patient’s health or if another individual’s confidentiality is at stake. Patients aged 14 and over have the right to request the release of their medical records. This control is granted as long as the patient understands the nature of the medical records and the purpose of their release.
Compensation for Physical, Emotional, and Financial Losses
If a surgical error caused you harm, you deserve compensation for any losses related to your injury (known as damages). In a surgical error case, your losses may include revision surgery to fix the initial error, lost wages, and infliction of emotional distress. The Commonwealth sets no cap on either economic (financial losses) or non-economic (intangible losses) damages.
Legal Representation
A surgical error claim is only successful when you can show that the surgeon breached his or her duty of care, this breach caused you injury, and that you suffered measurable losses as a result. Our surgical error lawyers know what information to look for in surgical error cases. We also know what court deadlines apply in the event of litigation.
Next Steps
If you believe that a surgical error has occurred, you should request your operative report, intraoperative log, and anesthesia record. Each document will detail what happened during your surgery, including your vitals and any medications or doses administered. Under no circumstances should you discuss your case with your treating surgeon, since they may attempt to alter the reports to avoid liability. If you would like to discuss next steps, our Harrisburg surgical error lawyers can address your concerns.
Reach Out to Our Harrisburg Surgical Error Lawyers
Acting swiftly is crucial to protecting your rights after a surgical error. By understanding your options and connecting with knowledgeable legal professionals, you can move forward with confidence. Contact Marzella & Associates to guide you through every step, ensuring your questions are answered and your case receives the care it deserves.