Wrong-Site Surgery As Medical Malpractice
We put a lot of faith into doctors and other medical staff. Quite literally, our lives are often in their hands and rightfully so. Doctors and nurses are highly qualified, trained and skilled professionals that treat, heal and save lives daily. And while mistakes are made in every profession, when doctors and nurses make mistakes, unfortunately the consequences can be distressing and even fatal.
For example, a patient scheduled for surgery on the left knee could instead undergo a procedure on the right knee. This is wrong-site surgery, a serious patient-safety event that should be prevented. The consequences depend on the procedure and the patient’s circumstances.
If you believe a surgical error caused an injury, you may have a medical malpractice claim. An attorney can review the medical records, relevant professional standards and applicable state law. A claim’s outcome depends on the evidence; compensation is not automatic.
Contact a Pennsylvania medical malpractice lawyer immediately to start building your case.
What is Wrong-site Surgery
Wrong-site surgery means a procedure on the wrong body site or the wrong side of the body. Wrong-patient surgery and performing the wrong procedure are related but distinct errors. The AHRQ PSNet surgical-safety primer describes these events as relatively rare, serious safety failures. Prevention involves confirming the patient, procedure and site, appropriate site marking, and a team time-out before the procedure.
What is Medical Malpractice
Medical malpractice is professional negligence that causes injury to a patient. In Pennsylvania, a claim generally requires a duty of care, a breach of the applicable standard, a causal connection between the breach and the injury, and resulting damages. These elements are discussed in K.H. v. Kumar, 2015 PA Super 177 (PDF; page 17). A poor outcome alone does not establish malpractice.
Examples That May Involve Medical Malpractice
Misdiagnosis or failure to diagnose
Unnecessary surgery
Surgery on the wrong person or body part
Premature discharge or failure to provide follow up care
Failure to order necessary tests or act on the results
Errors in prescription medication and dosage
Leaving surgical tools or medical supplies inside a body
Proving Medical Malpractice
A medical negligence claim does not require proof of an intentional error. The focus is whether care fell below the applicable standard and caused an injury. Expert testimony is generally needed to explain medical issues, although exceptions may apply.
In a Pennsylvania medical negligence claim, the patient generally must establish:
A duty of care owed to the patient
A breach of the applicable standard of care
A causal connection between the breach and the patient’s injury
Damages resulting from that injury
Pennsylvania’s certificate-of-merit rule (Pa.R.Civ.P. 1042.3) generally requires a certificate with the complaint or within 60 days after it is filed, subject to the rule’s provisions for extensions. The rule includes different grounds for certification, including a statement that expert testimony is unnecessary. A certificate supports the filing requirements; it is not a finding that malpractice has been proved. An attorney should assess which requirements apply to the particular claim.
If you suspect an injury resulted from substandard medical care, contact Edelstein Law to discuss the facts of your situation. An individual review can help identify the records, expert analysis and legal requirements relevant to a potential claim.