The line between known surgical complications and surgical errors can be complex. While a known surgical complication does not, in itself, support a medical malpractice claim, there are instances in which a patient can sue. A preventable surgical complication may be the basis of a lawsuit when informed consent is not obtained or when the surgeon fails to respond appropriately to the complication. If you have been affected by a preventable surgical complication, do not hesitate to speak with our Harrisburg surgical error attorneys today.
Elements of a Harrisburg Medical Malpractice Claim
A successful medical malpractice claim requires demonstrating the following elements:
- A doctor-patient relationship existed: You must show that the defendant was treating you, establishing that he or she owed you a certain level of care. This duty of care will be compared to other physicians in the same specialty and what actions they would have taken in the same or similar circumstances.
- Breach of duty (dereliction): Through either an act or failure to act, the defendant violated his or her duty of care.
- Direct cause: The defendant’s actions must be the direct cause of your injuries.
- Damages: The patient must suffer measurable losses, which may be in the form of medical bills, lost wages, and pain and suffering.
At Marzella & Associates, we help gather your medical records, witness statements, and other proof to show how a doctor’s mistake happened. Sometimes, the doctor may have made several mistakes, which can make a claim more complex.
Instances When Preventable Surgical Complications Support a Medical Malpractice Claim
Failure to Obtain Informed Consent
Your surgeon, or any medical provider, must tell you in advance about possible risks, benefits, and other options before surgery. If your doctor did not give you accurate information about these risks and you had a bad result, you have the right to take legal action due to a lack of informed consent.
You can prove you were not properly informed with your doctor’s notes before surgery, your signed consent form, and other medical records. It helps to keep a journal of your medical visits. It is even better to record your appointments with your doctor’s permission, as Pennsylvania law requires the consent of both parties.
Surgeon Did Not Respond Appropriately to a Surgical Complication
If your surgeon did not act properly or quickly enough after something went wrong in surgery, you may have a legal case. If the doctor ignored your rights or showed reckless behavior, you could also receive extra money as punishment.
In Pennsylvania, there is a limit on extra punishment money, no more than double your first award for losses, against individual doctors. These first awards cover real losses, such as lost wages, medical bills, and pain and suffering. The limit does not apply if the doctor intentionally harmed you.
If the plaintiff is awarded punitive damages, 25% will be paid to the Medical Care Availability and Reduction of Error Fund(MCare). MCare is a fund within the State Treasury that compensates victims of medical malpractice when a provider’s primary insurance coverage is insufficient.
Speak with Our Harrisburg Surgical Error Lawyers Today
If you or a family member has been injured due to a surgeon’s carelessness or hubris, Marzella & Associates is here to help. For over 30 years, our legal team has been exposing negligent health care providers. Our medical malpractice lawyers will gather relevant information to highlight how specific behavior failed to meet the medical standard of care. Don’t wait—take the first step toward justice. Schedule your free consultation with one of our Harrisburg surgical error attorneys today by reaching us online or calling (717) 876-8681.