Victims of surgical errors in Stroudsburg, PA, may face extended recovery times, additional surgeries, and significant emotional and financial burdens. Some also experience catastrophic long-term outcomes, from chronic pain and loss of daily functioning to ongoing disability, organ damage, brain damage, and other tragic impacts, all of which can radically impact their quality of life. 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 have been named some of the leading trial lawyers in Pennsylvania, and we also have several medical malpractice experts on staff who are ready to seek maximum compensation on your behalf.Contact us today for a free initial case evaluation and ongoing support after your surgical error in Stroudsburg.
Call Us At 844-686-5397 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. According to the Pennsylvania Patient Safety Authority, the number of yearly reports of serious patient events is also on the rise. The number of statewide incidents increased by 9.5% between 2023 and 2024, with 315,418 reports received by the Pennsylvania Patient Safety Reporting System (PA-PSRS) in 2024 alone.
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.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
What Are the Primary Types of Surgical Errors in Stroudsburg, PA?
All surgical errors present unique challenges and risks, with potentially life-altering consequences for patients. The Patient Safety Authority’s latest study reported 24,338 surgery and invasive procedure problems in 2024, including types of surgical errors such as:
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.
The Patient Safety Authority recorded 1,166 wrong site surgery claims in the four years leading up to 2024, 56% of which described scheduling errors, 34% of which cited a lack of patient consent, and 10% involved both of these types of errors. Further, side errors accou
nted for 69% of these cases, procedural errors for 24%, wrong site errors for 4%, and patient errors for 3% of patients’ claims of medical negligence.
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.
Medication errors cause harm to thousands of local patients each year, with the PSA’s study reporting 5,010 dose omissions, 2,939 patient monitoring errors, and 1,291 adverse anesthesia events in 2024 overall. Moreover, 313 of these anesthesia events were considered serious due to their potential to cause grievous harm to patients’ health, and even death in certain cases.
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. Pennsylvania patients reported 1,317 healthcare-associated infections in 2024, and 1,352 sterilization issues were recorded in the state’s healthcare facilities that year as well. These numbers represent an exceptionally high-risk combination of factors, especially in the context of invasive procedures.
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.
Data from MedCentral suggests that between 10% and 50% of patients’ acute post-operative pain will progress into persistent pain, even after common operations. This phenomenon is most often caused by surgical damage to a major peripheral nerve.
Amputations, coronary artery bypass surgeries, and thoracotomies carry the highest risk of causing chronic pain, with between 30% and 50% of patients dealing with chronic pain after these procedures, and a further 10% suffering from disabling pain that affects their ability to lead normal lives.
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.
All five of our partners have been recognized as some of the National Trial Lawyers Association’s Top 100 Trial Lawyers in Pennsylvania, and Caroline Munley is ranked as one of the Association’s Top 25 Medical Malpractice Trial Lawyers as well, offering specific expertise in representing surgical error cases in Stroudsburg and beyond. Marion Munley has also been selected as Best Lawyers’ Lawyer of the Year for Medical Malpractice Law, highlighting our extensive skill in this area.
What Compensation is Available 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. Our attorneys at Munley Law have won millions in settlements for our clients injured by medical malpractice, including awards worth up to $5 million, earning several of our lawyers listings in the Multi-Million Dollar Advocates Forum and the Summit Council.
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 negligence 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 an
d 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. Our lawyers have been widely recognized for their expertise in medical malpractice litigation, earning awards from Super Lawyers, the American Association for Justice, the American Board of Trial Advocates, and many other leading legal directories. Contact us today to discuss your case and take the first step toward securing the justice and compensation you deserve.
Caroline Munley
Caroline Munley is an experienced and award-winning personal injury lawyer and is a board-certified workers’ compensation specialist. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA), Lawdragon, and has been a Pennsylvania Super Lawyer since 2022. A member of the International Society of Barristers, Caroline has won millions of dollars for car accident, commercial truck crash, and workplace injury victims.
