Surgical Errors & Wrong-site Surgery Injury Lawyers

Experienced Medical Malpractice Litigators | PA & NJ

Surgery is a precise choreography—a carefully coordinated sequence involving pre‑operative verification, strict sterile technique, time‑outs, instrument counts, and detailed checklists. When any part of that choreography breaks down, the risk of harm inevitably follows. We conduct thorough audits of the entire operative record, anesthesia log, nursing notes, count sheets, and device data to accurately identify errors and establish accountability.

What Counts as a Surgical Error?

Wrong-site surgery, operating on the incorrect side or spinal level, retention of foreign objects within the body, injuries to nearby organs, preventable hemorrhage, failure to promptly recognize and address complications, improper wound closure, and misuse of surgical instruments or energy devices are all serious surgical errors. Additionally, timely management of stroke or transient ischemic attack (TIA), including awareness of the last-known-well time and appropriate use of tPA or thrombectomy within established treatment windows, is critical to patient outcomes.

How We Prove Surgical Errors:

  • Standards & checklists: WHO/ACS checklists, detailed hospital policies, and thorough time‑out documentation procedures.

  • Records & device data: Sponge and instrument counts, detailed anesthesia flowsheets, cautery and energy device logs, as well as comprehensive peri‑operative vital signs are meticulously documented.

  • Causation: We demonstrate how applying the correct technique or making a timely recognition could very likely have prevented the injury from occurring in the first place.

Key Records We Secure Early:

  1. Operative Reports and Notes are detailed documentation prepared by the surgeon immediately following a surgical procedure. These reports include the preoperative diagnosis, the surgical procedure performed, findings during surgery, techniques used, any complications encountered, and the condition of the patient at the end of the procedure. They serve as a critical legal and medical record for treatment verification and case evaluation.

  2. Anesthesia Reports are records maintained by the anesthesiologist outlining the type and dosage of anesthesia administered, patient’s vital signs throughout the procedure, monitoring details, any anesthesia-related complications, and the patient’s status upon emergence from anesthesia. These reports are essential for documenting the anesthetic care and identifying potential causes of injury or malpractice.

  3. Intra-operation Nursing Notes are notes taken by the circulating and scrub nurses during surgery detailing patient positioning, surgical site preparation, intra-operative care provided, observations, and any issues arising during the procedure. They help verify adherence to protocols and provide a timeline of intra-operative events.

  4. Surgical Tool & Sponge Count Sheets are checklists documenting the number of surgical instruments, sponges, and other materials before, during, and after surgery. Accurate counts ensure no foreign objects remain in the patient postoperatively and prevent complications. These records are critical in cases alleging retained surgical items.

  5. Implant Logs are comprehensive logs recording the details of any implants used during surgery, including manufacturer, model number, serial number, lot number, and date of implantation. These documents are vital for tracing defective devices and supporting product liability claims.

  6. Notes & Report Timestamps are time-stamped entries for all operative documentation, including when notes were recorded, interventions performed, and reports finalized. Accurate timestamps establish chronological order and authenticity of medical records, which are crucial in legal proceedings.

  7. Device IFUs (Instructions for Use) are manufacturer-provided documentation that outlines the appropriate usage, maintenance, safety warnings, and contraindications for medical devices and surgical implants. Retaining IFUs aids in evaluating compliance with standards and device-related liability issues.

  8. Pathology Reports are laboratory results and expert analysis of tissue samples obtained during surgery. These reports detail diagnoses such as malignancies, infections, or other pathological findings that influence treatment and prognosis. Pathology documentation can clarify causal relationships in injury cases.

  9. Adverse Event Reports are formal records describing unexpected or harmful incidents occurring during or following surgery, including complications, equipment failures, or patient injuries. These reports are used to investigate the cause of adverse outcomes and support claims of negligence or malpractice.

  10. PACU (Post-Anesthesia Care Unit) Notes are records from the recovery room documenting the patient’s vital signs, pain management, responsiveness, and any immediate postoperative complications observed. PACU notes provide insight into the patient’s condition following surgery and are important for assessing the standard of postoperative care.

Pennsylvania & New Jersey Surgical Error & Wrong-site Surgery Statute of Limitations:

  • Pennsylvania: Typically 2 years from accrual; certificate of merit is required in professional negligence claims.

  • New Jersey: Typically 2 years from accrual; for birth injuries only, actions by or for the child must be filed before the 13th birthday. New Jersey requires an Affidavit of Merit after a defendant’s answer. Do not delay—hospitals cycle logs and video; preservation letters matter.

Deadlines are fact‑specific. Prompt counsel involvement is critical.

Damages Edelstein Pursue:

In a misdiagnosis or delayed diagnosis civil lawsuit in Pennsylvania or New Jersey, a law firm would seek to recover a comprehensive range of damages on behalf of the injured party. These damages typically include:

  • Medical Expenses: Compensation for all past, current, and future medical bills related to the misdiagnosis or delayed diagnosis, including hospital stays, surgeries, medications, rehabilitation, and specialist treatments.

  • Lost Earnings and Capacity: Recovery for income lost due to the inability to work during recovery or permanently, as well as diminished future earning potential caused by the injury.

  • Home and Vehicle Modifications: Costs associated with adapting living environments or transportation to accommodate new disabilities or limitations resulting from the misdiagnosis.

  • Life-Care Needs: Expenses related to ongoing care requirements, such as home health aides, medical equipment, therapy, and other long-term health support.

  • Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and reduced quality of life stemming from the injury.

  • Loss of Consortium: Damages awarded to family members for the loss of companionship, affection, and support due to the victim’s injury.

  • Wrongful Death/Survival Claims: When the misdiagnosis or delayed diagnosis results in death, the law firm may pursue wrongful death claims on behalf of surviving family members and survival actions on behalf of the deceased’s estate to recover damages related to pain and suffering prior to death and financial losses incurred by the family.

Edelstein Law aggressively pursues all applicable damages to ensure clients receive full and fair compensation for the life-altering consequences of medical misdiagnosis or delayed diagnosis.

Questions About Surgical Errors & Wrong-site Surgery?
We Have Answers

  • Answer: A preventable, serious medical error—such as performing surgery on the wrong site or inadvertently leaving a surgical sponge inside a patient’s body—represents a failure that should never occur when fundamental safety protocols and basic precautions are properly followed.

  • Answer: Yes, giving consent to a medical procedure does not imply or grant permission for negligence, errors, or wrong-site surgery to occur.

  • Answer: Count sheets, radiographs, operative notes, and detailed postoperative symptoms typically serve as crucial evidence to establish both breach of duty and causation in medical malpractice cases.

  • Answer: Liability can potentially include the surgeon, anesthesia provider, circulating nurse, hospital, and corporate entities, depending on the specific facts and circumstances of the case.

  • Answer: Known risks don’t immunize negligent technique or monitoring failures. We examine whether the standard of care was met.

  • Answer: Nearly always, surgical standards and issues related to causation require expert analysis and testimony to establish the facts accurately.

Edelstein Law’s Areas & Jurisdictions:

Edelstein Law is fully licensed to practice in all counties throughout:

New Jersey, including Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren counties. Our team is dedicated to providing expert legal representation and compassionate support across the entire state, ensuring that injury victims in every community have access to the justice and compensation they deserve.

Pennsylvania, we proudly serve clients in all counties, including Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Delaware, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming, and York. Our comprehensive licensure ensures consistent, high-quality legal advocacy across Pennsylvania for all injury victims.

Surgical Errors & Wrong-site Surgery Lawyers—Contact & Call-to-Action

If you or a loved one has been affected by personal injury, abuse, or systemic injustice, we invite you to contact us to learn more about how we can help. Our team of experienced attorneys and support staff are committed to providing exceptional legal representation and support and to achieving the best possible outcome on your behalf. Don't hesitate to reach out to us today to schedule a free consultation and take the first step towards justice and healing.

We are here to assess your case and guide you through the legal process. You can call us now to get started on your path to recovery and make sure your rights are protected. Set up a Zoom session or schedule time to come in to speak with our first class team of litigators and support staff. Your fight is our fight.

Phone (215) 893-9311
SMS (Text) ‪(215) 436-8090‬
Fax (215) 893-9310