Our Wilkes-Barre surgical error lawyers can help patients and families seek justice when a preventable mistake during surgery causes serious harm. Surgical errors can lead to serious injury, extended recovery, or even death. When something goes wrong in the operating room, it’s critical to understand your legal options under Pennsylvania medical malpractice law.
Munley Law has represented injured patients and families throughout Northeastern Pennsylvania for almost 70 years. Our Wilkes-Barre medical malpractice attorneys have extensive experience handling complex surgical error claims against hospitals, surgeons, anesthesiologists, and other healthcare providers.
If you or a loved one was injured by a surgical error, our Wilkes-Barre medical malpractice attorneys can help you pursue compensation for medical costs, lost income, long-term harm, or wrongful death. Contact our medical malpractice lawyers for a free consultation.
Call Us At 844-686-5397 Most Common Surgical Errors in Wilkes-Barre, PA
According to the Pennsylvania Patient Safety Reporting System (PA-PSRS), 315,418 reports of incidents and serious events occurred in 2024. 96% of these events occurred in hospitals, while 4% came from non-hospital facilities like abortion clinics, birthing centers, and Ambulatory Surgical Facilities (ASFs). On its own, Luzerne County had 55 malpractice suits filed in 2024.
The most common surgical errors in Wilkes-Barre include:
- Wrong-Site Surgery: Operating on the wrong part of the body, such as the incorrect limb or organ.
- Incorrect Procedure: Performing the wrong surgical procedure or operating on the wrong site may be considered surgical misdiagnosis, especially when due to unclear documentation or records.
- Anesthesia Errors: Mistakes in administering anesthesia, such as giving insufficient anesthesia or too much, or failing to recognize adverse reactions.
- Retained Surgical Instruments: Leaving surgical instruments or other foreign objects inside the patient’s body, which can cause severe infections and complications.
- Nerve Damage: Accidental damage to nerves during surgery can result in chronic, long-term pain or even loss of function.
- Infection: Postoperative infections due to improper sterilization, inadequate surgical site care, or unhygienic conditions.
- Organ Perforation: Unintentional puncture or damage to internal organs, which can cause sepsis or require further surgeries.
- Failure to Monitor: Inadequate monitoring of the patient’s vital signs during and after surgery can lead to preventable complications and injury.
- Blood Clots: Failure to take preventive measures against blood clots can result in DVT or pulmonary embolism.
- Improper Suturing: Incorrect suturing techniques can cause wounds to reopen, get infected, or heal improperly.
- Medication Errors: Mistakes involving medications before, during, or after surgery can result in serious complications, delayed recovery, allergic reactions, or other preventable injuries.
The Common Causes of Surgical Errors in Wilkes-Barre
- Inadequate Training: Surgeons or medical staff may make critical mistakes without proper training or experience.
- Fatigue: Long hours and demanding schedules can lead to exhaustion, reducing surgical performance.
- Miscommunication: Poor communication among providers can result in wrong-site surgeries or incorrect procedures.
- Faulty Equipment: Faulty equipment and hospital negligence are frequent contributors to surgical errors, especially when outdated tools or protocols are involved.
- Time Pressure: Rushing procedures under pressure increases the likelihood of mistakes.
- Inadequate Planning: Poor preoperative evaluation can lead to complications.
- Lack of Standard Protocols: Without standardized procedures and checklists, avoidable errors occur.
Consequences of Surgical Errors on People’s Lives
Surgical mistakes can cause severe, prolonged physical pain and impact quality of life. Nerve damage or improper healing can result in permanent disability.
Patients may need further surgeries or long-term care, leading to medical debt, lost income, and emotional strain. These outcomes can affect families for years.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For almost 70 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
What is the Role of a Personal Injury Lawyer in Surgical Error Cases?
Surgical error cases often require detailed medical evidence and testimony from qualified experts. Your attorney will obtain medical records, consult appropriate specialists, identify where the accepted standard of care may not have been met, and build a case supported by evidence. If a fair settlement cannot be reached, Munley Law will present your case in court.
Pennsylvania Certificate of Merit Requirements
Pennsylvania law generally requires a Certificate of Merit before a medical malpractice lawsuit may proceed. Under Pa.R.C.P. 1042.3, a qualified medical expert must review the case and certify that there is a reasonable basis to conclude the healthcare provider failed to meet the accepted standard of care. Our attorneys coordinate this process with experienced medical professionals when pursuing surgical malpractice claims.
Why Choose Munley Law for Your Surgical Error Case?
If you or a loved one has suffered due to a surgical mistake, Munley Law stands out for the depth of experience, recognition, and results that give clients confidence:
- Decades of Proven Results: Munley Law has secured numerous multi-million-dollar verdicts and settlements for clients harmed by medical malpractice, including surgical mistakes.
- Industry Recognition: Our attorneys are consistently recognized in Best Lawyers in America, Lawdragon’s 500 Leading Consumer Plaintiffs Lawyers, and Pennsylvania Super Lawyers
- Award-Winning Trial Lawyers: Senior partner Marion Munley has been named Lawyer of the Year for Medical Malpractice Law — Plaintiffs in Northeastern Pennsylvania.
- Elite Legal Memberships: Our partners are members of the Million Dollar Advocates Forum, the International Society of Barristers, the American Board of Trial Advocates, and the National Trial Lawyers Association, reflecting exceptional skill and reputation.
- Dedicated Malpractice Focus: Munley Law’s Regional Tier 1 ranking for Medical Malpractice Law – Plaintiffs in the Best Law Firms guide underscores our professional excellence and peer respect.
Common Questions about Surgical Error Cases in Wilkes-Barre
Who Can I Sue for Surgery Errors?
You may be able to sue your surgeon, anesthesiologist, nursing staff, or the hospital itself for surgery errors. Talk to an experienced personal injury attorney in Wilkes-Barre about your case to determine who was negligent and should be held responsible.
How Much Does it Cost to Hire a Medical Malpractice Lawyer?
Munley Law works on a contingency basis — you pay nothing unless we win your case. We cover all case costs upfront, including expert witnesses.
How Do I Know if I Have a Surgical Error?
If you’ve suffered injury or loss due to a medical mistake, you may have a surgical error case. Speak with an attorney today to explore your options and get clarity on your next steps. We’ll review your records, consult experts, and represent you with integrity.
How Long Do I Have to File a Surgical Error Lawsuit in Pennsylvania?
Under 42 Pa. C.S.A. § 5524(2), most Pennsylvania medical malpractice claims have a two-year filing deadline from the date the injury was discovered or reasonably should have been discovered. In addition, the MCARE Act generally establishes a seven-year statute of repose under 40 P.S. § 1303.513(a) for most medical malpractice claims. There may be exceptions to the rule, so it’s important to speak with an attorney as soon as possible.
Will My Surgery Error Case Go to Trial?
Many surgical error cases settle before trial, but at Munley Law, our attorneys prepare every claim prepare every case thoroughly so we are ready for settlement negotiations or trial, depending on what best serves our client’s interests.
What Kinds Of Damages Can I Recover in a Surgical Error Lawsuit?
In medical malpractice claims, you may seek compensation for past and future medical expenses, pain and suffering, lost wages, reduced earning capacity, and, in wrongful death cases, funeral costs and loss of support.
Are Surgical Errors Always Due to Negligence?
Not all adverse surgical outcomes are due to negligence. A successful malpractice case requires showing that the provider deviated from the accepted standard of care and that this directly caused your injury.
Schedule a Free Consultation with a Wilkes-Barre Medical Malpractice Lawyer
Whether your injuries resulted from a surgical mistake, anesthesia error, or another preventable medical error, our attorneys can review your case, explain your legal options, and determine whether you may have grounds for a medical malpractice claim. In the worst-case scenario, we can help you pursue a wrongful death claim.
Contact Munley Law today to speak with an experienced surgical malpractice attorney in Wilkes-Barre. We’ve protected families in Northeastern PA for almost 70 years.
Marion Munley
Marion Munley is a triple board-certified trial attorney and a two-time Best Lawyers “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in Northeastern Pennsylvania (2021, 2023). She has recovered millions for victims of surgical errors, misdiagnosis, and wrongful death, including a $4.35 million medical malpractice settlement and a $3.2 million recovery for a woman misdiagnosed with cancer. A Pennsylvania Super Lawyer since 2004 and a member of the International Society of Barristers, Marion has also published on emerging malpractice issues, including the liability risks associated with electronic health records and 3D-printed medical devices.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 4, 2026.
