Patients place enormous trust in medical professionals to follow strict safety procedures during every operation. While some infections are recognized risks of surgery, many post-surgical infections occur because mistakes were made throughout the procedure. An experienced medical malpractice lawyer can help you seek compensation for the physical, emotional, and financial harm you have suffered.
Who Is Responsible When Infections Develop After Surgery?
If you follow your post-operative care instructions properly but still develop an infection, it may be a sign of medical negligence. If you suspect you’ve been a victim of malpractice, consult with an experienced attorney to discuss your situation. We can explain your legal options and how to prove malpractice occurred. Depending on how your infection developed, you may be able to file your medical malpractice claim against:
- The surgeon. Surgeons are responsible for upholding normal standards of care and performing the operation safely. If they fail to uphold this duty, injured patients may be able to file a legal claim against them.
- Nursing and other operating room staff, including anesthesiologists. These staff members are responsible for maintaining a sterile environment inside the operating room. If they do not, they may be partially responsible for your post-operation infection.
- The hospital or surgical center. If your attorney uncovers systemic negligence, such as failing to enforce safety procedures, failing to train staff, or past cases of similar post-operation infections with no clear origin, you may be able to file your malpractice claim against the entire practice.
Certificate of Merit in a Pennsylvania Medical Malpractice Case
Medical malpractice cases involving post-operative infections can be difficult to prove without extensive evidence. Before you can recover compensation, you’ll need to secure a certificate of merit.
According to Pennsylvania Rule of Civil Procedure 1042.3, a certificate of merit must be filed alongside the initial malpractice case or within 60 days of the case being filed. If you are filing your malpractice claim against multiple parties, a separate certificate will be required for each healthcare professional involved in the case.
The certificate has to be conducted by a qualified medical professional who has reviewed the case and believes there is a reasonable chance that the original healthcare provider made a mistake that fell below the accepted standard of care and that this mistake caused the patient harm.
This certificate, along with other forms of evidence, can help you recover compensation for medical negligence.
Take Control of Your Case and Seek Legal Counsel From a Medical Malpractice Attorney in Harrisburg
Hospitals and medical providers have a duty to maintain safe surgical environments and follow established standards of care at every stage of treatment. When that duty is breached, injured patients may have grounds to file a medical malpractice claim.
Marzella & Associates offers free consultations to new clients to discuss the details of their unique situations. During your appointment, our attorneys can offer their transparent legal guidance, giving you the knowledge you need to take back control of your life. Contact Marzella & Associates by calling 717-234-7828 or through our online contact form.