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Doctors are human, and all humans make mistakes. But mistakes in surgery usually cause severe physical harm, or even death. Pennsylvania law allows patients to recover compensation when a surgical error falls below the accepted standard of care.
Types of Surgical Errors
- Wrong-site, wrong-procedure or wrong-patient surgery
- Objects such as sponges or instruments left inside the body
- Cutting or puncturing nearby organs, blood vessels or nerves
- Failure to recognize and treat bleeding, infection or other complications after surgery
- Performing a procedure the surgeon was not trained or credentialed to perform
- Performing more surgery than the patient agreed to
These errors can happen in any kind of operation, including general, orthopedic, heart, laparoscopic, plastic and cosmetic, and brain surgery.
Why Surgical Errors Happen
Most surgeons are skilled and careful. Errors usually come from inexperience, inadequate training, fatigue, poor communication in the operating room, or skipped safety steps. Hospitals use a standard pre-surgery checklist and “time-out” to confirm the right patient, procedure and site. Some events, like wrong-site surgery or a retained sponge, are so preventable that the health care industry calls them “never events.”
A surgeon can attempt almost any procedure if the patient consents. That is why it matters who is holding the scalpel.
Before Your Surgery: Questions to Ask
- Board certification. Is the surgeon board certified in the specialty that covers this procedure?
- Hospital privileges. Does a hospital allow this surgeon to perform this operation?
- Facility. Is the surgery center accredited?
- Experience. How many times has the surgeon performed this exact procedure?
Complication or Malpractice?
A complication does not always mean malpractice. Many surgical risks happen even when everything is done right, and patients are warned about them before surgery. The question is whether the surgeon or hospital fell below the accepted standard of care, and whether that caused the harm. Only a review by experienced malpractice lawyers and qualified medical experts can answer that.
Pennsylvania Rules You Should Know
- Two-year deadline. A malpractice suit generally must be filed within two years of when the patient knew, or reasonably should have known, of the injury and its cause. Special rules can apply to children and to deaths. Do not wait to get advice.
- Certificate of Merit. Your lawyer must certify that a qualified medical professional reviewed the case and found the care likely fell below accepted standards and caused the harm. It is filed with the complaint or within 60 days after.
- Expert testimony is required. The expert generally must practice in the same or a substantially similar specialty as the provider being sued.
- No cap on compensatory damages. Pennsylvania does not limit what a jury can award for medical expenses, lost earnings, and pain and suffering.
Related Cases We Handle
- Anesthesia errors
- Lack of informed consent
- Plastic and cosmetic surgery errors
- All medical malpractice cases
Talk to a Malpractice Lawyer
Every case starts with a conversation with a lawyer, not an intake clerk. If the facts and injuries support a closer look, we have the medical records reviewed by an appropriate physician before you commit to anything. Our medical malpractice cases are handled by Noah Fardo and Bill Rogel.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Medical Malpractice FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.











