Undergoing surgery is a stressful experience, and when a surgical error results in unexpected complications or injuries, the consequences can be life-altering. If you or a loved one suffered a surgical mistake, you may be wondering how to prove that the error caused your injuries. At Marzella & Associates, our medical malpractice attorneys are dedicated to helping victims of negligence through this complicated process and fighting for the justice you deserve.
Understanding Surgical Errors
Surgical errors occur when a surgeon or medical team makes a preventable mistake during a procedure. These errors can include leaving a foreign object inside the body, operating on the wrong site, damaging organs or tissues, administering the wrong medication, or failing to monitor vital signs during surgery. Even a moment of carelessness can have devastating consequences in a bustling medical environment like UPMC Harrisburg or Penn State Health Milton S. Hershey Medical Center.
For residents of Harrisburg and surrounding communities, surgical errors can lead to severe complications, including infections, nerve damage, chronic pain, disability, or even death. Proving that the surgeon’s mistake directly caused these outcomes is critical for holding the responsible parties accountable.
Building a Strong Medical Malpractice Case
In Harrisburg, as in the rest of Pennsylvania, proving a surgical error case involves demonstrating four key legal elements:
- Duty of Care: You must show that the healthcare provider owed you a professional duty of care. This is easy to establish in a surgical context, as surgeons and medical staff are legally obligated to provide competent and safe treatment.
- Breach of Duty: You must prove that the healthcare provider breached this duty by making a preventable surgical error. This may involve showing that the surgeon failed to follow established protocols, used improper techniques, or made a careless mistake during the procedure.
- Causation: The most challenging element to prove is that the breach of duty directly caused your injuries. Medical providers and their insurers may argue that your injuries were due to an underlying medical condition or an unavoidable surgical risk. To counter this, you will need convincing evidence, such as medical records, surgical reports, and expert testimony, which links the error to your specific injuries.
- Damages: Finally, you must demonstrate that you suffered measurable harm due to the error. This can include additional medical expenses, lost income, physical pain, emotional distress, and reduced quality of life.
How Marzella & Associates Can Help
At Marzella & Associates, our Harrisburg medical malpractice lawyers have experience building compelling cases for clients harmed by surgical errors. We collaborate with medical experts who can review your records, identify deviations from the standard of care, and provide clear, credible testimony. Our team will search everything from surgical notes to witness statements and craft a legal strategy to maximize your chances of success.
We understand the unique dynamics of Harrisburg’s healthcare community, from major hospitals to outpatient centers, and we know how to navigate Pennsylvania’s complex medical malpractice laws. We aim to remove the legal burden so you can focus on your recovery.
Time is of the Essence
In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years from when the injury was discovered or should have been discovered, with an absolute deadline of seven years from the date of the negligent act. If you suspect a surgical error in Harrisburg has caused your injuries, acting quickly to preserve your rights and ensure access to evidence is imperative.
Contact Our Dedicated Medical Malpractice Lawyers Today
Proving a surgical error case is challenging, but you don’t have to face it alone. At Marzella & Associates, our Harrisburg medical malpractice attorneys are committed to helping victims in Harrisburg hold negligent healthcare providers accountable and pursue the compensation they deserve.
Call us at 717-876-8681 or online to schedule a free consultation with a Harrisburg medical malpractice lawyer. Let us stand by your side, build a persuasive case, and fight for justice on your behalf.