Most often, surgeries proceed as intended without incident. Sometimes, however, surgical errors occur, leading to devastating consequences.
In Stroudsburg, PA, victims of surgical errors may face extended recovery times, additional surgeries, and significant emotional and financial burdens. If you or a loved one has been harmed due to a surgical error, you deserve top-tier legal representation. The Stroudsburg medical malpractice lawyers at Munley Law Personal Injury Attorneys
Are Surgical Errors the Same as Medical Malpractice?
Surgical errors are mistakes made during a surgical procedure that deviate from the standard of care and harm the patient. These errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to organs or tissues.
All surgeries involve a certain amount of risk. Informed consent is an important part of medical care that allows patients to make informed decisions about their treatment, including any risks. However, complications can arise with any surgery, and these complications do not always amount to medical malpractice.
Surgical errors can be a form of medical malpractice resulting from negligence or a breach of the standard of care. Not all surgical errors automatically qualify as malpractice; however, when they occur due to carelessness, lack of skill, or other forms of negligence, they fall under the umbrella of medical malpractice. For an act to be considered medical malpractice, the plaintiff must prove that the healthcare provider had a duty of care, breached that duty, and that the breach directly caused harm to the patient, resulting in damages.
Types of Surgical Errors in Stroudsburg, PA
All surgical errors present unique challenges and risks, potentially life-altering consequences for patients.
Wrong Site Surgical Errors
A wrong-site surgical error occurs when surgery is performed on the wrong body part, side of the body, or even on the wrong patient. This type of error is one of the most serious and preventable mistakes in surgery. These errors can result from poor preoperative planning, inadequate communication among the surgical team, or errors in marking the surgical site. Mislabeling of patient records or test results can also lead to wrong-site surgeries. The consequences can be devastating, leading to unnecessary procedures on healthy body parts while the actual medical issue remains untreated. In some cases, patients may require additional surgeries to correct the mistake, leading to increased risk, recovery time, and emotional trauma.
Anesthesia Errors
These errors can include giving too much or too little anesthesia, failing to monitor the patient’s vital signs properly, or not accounting for the patient’s medical history or allergies. Anesthesia errors can occur due to inadequate preoperative evaluation, incorrect dosage calculations, equipment malfunction, or lack of attention during surgery. Poor communication among the surgical team can also contribute to these errors. The consequences of anesthesia errors can be severe and may include brain damage, heart attack, stroke, or even death. In less severe cases, patients may experience prolonged unconsciousness, awareness during surgery, or adverse reactions to anesthesia.
Foreign Objects Left in Body
This error occurs when surgical instruments, sponges, or other objects are accidentally left inside the patient’s body after the procedure. This is a common type of surgical error often referred to as “retained surgical items.” Retained foreign objects can cause severe complications, including infections, internal bleeding, pain, and organ damage. In some cases, additional surgeries are required to remove the objects, increasing the patient’s risk and recovery time.
Permanent Nerve Damage
Permanent nerve damage occurs when nerves are accidentally cut, stretched, or otherwise injured during surgery. This can result in losing sensation, movement, or function in the affected area. Permanent nerve damage can lead to chronic pain, disability, and loss of function. Patients may require ongoing medical treatment, rehabilitation, or even additional surgeries to attempt to repair the damage. The emotional and psychological impact can also be significant, affecting the patient’s quality of life.
A Medical Malpractice Attorney Can Help
A medical malpractice lawyer can be your strongest advocate when a surgical error disrupts your life. The experienced attorneys at Munley Law are committed to helping victims of surgical errors in Stroudsburg, PA, navigate the complexities of malpractice claims and seek the compensation they deserve. We will assess your case, gather evidence, and work with medical experts to build a strong claim. By handling negotiations with insurance companies and navigating complex legal procedures, your lawyer will fight for fair compensation on your behalf. Additionally, we will represent you in court if necessary, ensuring your rights are protected throughout the process while you focus on recovery.
Compensation for Surgical Error Victims in the Poconos
Surgical errors caused by negligence can profoundly affect patients and their families. Under Pennsylvania law, malpractice victims can seek financial compensation for their harm. This compensation, also known as damages, can include reimbursement for medical bills and future treatment and compensation for lost wages, pain and suffering, mental anguish, and more.
Steps to Take if You Believe You Were a Victim of Malpractice
Medical attention: If you suspect a surgical error or other malpractice has occurred, your first priority should be your health. Seek immediate medical attention to address any complications or injuries resulting from the error. Getting proper care quickly can prevent further harm and provide documentation of the issues caused by the error.
Document everything: Start keeping detailed records of everything related to your case. This includes medical records, treatment plans, prescriptions, correspondence with healthcare providers, and any symptoms or issues you experience. Also, keep notes on conversations with medical professionals and your recollections of the events leading up to and following the malpractice.
Obtain your records: Request copies of your medical records from the hospital or healthcare providers involved. These records will provide crucial evidence in your malpractice case, showing what was done during the procedure and how it may have deviated from the standard of care.
Seek Legal Advice: Contact an experienced medical malpractice lawyer immediately. A lawyer can evaluate your case, help you understand your rights, and guide you through the legal process. The sooner you involve a lawyer, the better they can protect your interests and build a strong case.
Contacting a lawyer quickly is important to avoid missing the deadline to file a medical malpractice lawsuit. In Pennsylvania, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury occurred or from when the patient reasonably should have discovered the injury. This time frame is critical because if a claim is not filed within this period, you may lose the right to pursue legal action and seek compensation for your injuries. There are some exceptions, such as cases involving minors, where the statute of limitations may be extended. Or if there was a delay between the surgical error and the discovery of that error. Due to these time-sensitive restrictions, consulting with an experienced medical malpractice attorney as soon as possible is important to protect your rights.
Contact Munley Law for a Free Consultation
If you or a loved one has been affected by a surgical error or medical malpractice in Stroudsburg, PA, don’t hesitate to seek legal help. The experienced attorneys at Munley Law are ready to listen to your story, answer your questions, and guide you through the next steps. We offer free, no-obligation consultations so you can understand your options without pressure. Contact us today to discuss your case and take the first step toward securing the justice and compensation you deserve.
Munley Law Personal Injury Attorneys
27 N 6th St,
Stroudsburg, PA 18360
(570) 338-4494