Surgical errors can lead to serious complications, cause a loss of quality of life, and even lead to death. If you or a loved one suffered complications after surgery and believe a mistake made by your doctor or another care provider played a role, a medical malpractice attorney from Berger and Green will review your case for free.
Our attorneys can help you understand the strength of your case, explain how medical malpractice cases work, and, if possible, pursue the compensation available based on the facts of your case. Call or text our Pittsburgh office today at 412-661-1400 to get started.
Surgical Errors Occur More Often Than Most People Realize
Surgical errors are preventable mistakes that occur despite there being strict protocols in place to reduce the risk. While not every mistake a surgeon or other care provider makes will support a valid medical malpractice case, many surgical errors occur because doctors, nurses, or others ignore the protocols meant to protect patients from suffering harm.
Surgeons, other doctors, nurses, and others must provide an acceptable standard of care and follow the proper procedures to prevent unnecessary complications. Failure to do so could result in being held liable for malpractice.
Surgical errors and surgical malpractice can occur in many ways. Some of the most common include:
- Leaving a foreign body, such as a sponge, tool, or another item, inside you during a procedure.
- Operating on the wrong body part, such as the wrong leg or wrong kidney.
- Operating on the wrong patient, performing an unnecessary surgery, or not performing the necessary procedure.
- Using too much or too little anesthesia, or other anesthesia errors.
Medical malpractice, including surgical errors, misdiagnosis, and other medical negligence, can cause victims and their families tremendous stress, not to mention pain and suffering and considerable expenses. If you believe you or a family member suffered complications or endured additional procedures because of malpractice, call our team today.
Berger and Green Can Help You Pursue Compensation in Your Surgical Malpractice Case
If you have questions about whether or not something that happened before, during, or after a medical procedure constitutes malpractice, you need a surgical errors attorney on your side. At Berger and Green, our lawyers offer free case reviews and initial consultations and handle these cases on a contingency basis. You pay no out-of-pocket attorney’s fees, and we do not get paid unless we recover compensation for you.
For a free consultation about your surgical malpractice case, talk to an attorney from Berger and Green. We know how to build a strong case to prove a surgical error is medical malpractice. Call or text us at 412-661-1400.
Surgical Malpractice and a Medical Expert Witness
In Pennsylvania and many other states, the law requires all medical malpractice cases enlist the support of a medical expert who will sign an affidavit stating that your surgeon deviated from the expected standard of care and that this caused your additional injuries.
Pennsylvania laws require that the medical expert we select have many of the same qualifications as the surgeon or another care provider in question. This includes:
- Similar education
- The same specialization
- Similar experience
- Practicing in the same geographic area
In addition to filing the sworn statement necessary for us to pursue this type of case, the medical expert we identify will also give us a deposition that will allow us to learn more about the protocols and processes that should have taken place before, during, and after your procedure. If necessary, the expert witness may be able to testify in court about the acceptable standard of care.
Recoverable Damages in a Surgical Malpractice Case
In addition to identifying and enlisting the help of a medical expert witness to help prove your case, we will conduct a full investigation. This will require us to obtain copies of your medical records, interview those involved, and document your related damages and losses. This final step is the key to proving how the malpractice impacted your life and how much you lost because of it.
We can present the documentation of your damages to the insurance company or in court and demand a payout to cover your losses. If we get a settlement or court award on your behalf, it may cover a wide range of damages, including:
- Medical care required because of the surgical error
- Lost wages and benefits
- Diminished earning capacity
- Pain and suffering
- Mental anguish
- Wrongful death, if applicable
In some cases, punitive damages may be possible in a surgical malpractice case, but this is not common.
There May Be Limits on How Long You Have to Act
Every state has its own statute of limitations on medical malpractice claims. These deadlines may limit how long you have to take legal action and hold the surgeon, doctor, or another care provider liable for their negligent actions. We encourage you to reach out to us as soon as you discover you may have been the victim of a surgical error.
In Pennsylvania, you generally have two years from the date you discover the malpractice occurred to take legal action. Other states may give you more time or less time. We can review your case and help you understand the limits that apply.
Talk to a Surgical Malpractice Attorney
If you believe a surgical error caused preventable complications, you may have a viable surgical malpractice case. The medical malpractice attorneys from Berger and Green offer free case reviews and consultations. Our team can help you understand your options and take legal action on your behalf.
Call or text 412-661-1400 today for your free consultation with a member of our medical malpractice team.