A surgical error can qualify as medical malpractice under Pennsylvania law, but it must meet specific legal criteria. If you or a loved one suffers harm due to a mistake during surgery, understanding how the law views these errors is important.
What is a surgical error?
A surgical error occurs when a healthcare professional makes a mistake during surgery that causes patient harm. These mistakes can include performing surgery on the wrong body part, leaving surgical instruments inside the patient, or making an incorrect incision. If these errors lead to injury, they may qualify as medical malpractice.
How does Pennsylvania law define medical malpractice?
Pennsylvania law defines medical malpractice as a deviation from the accepted standard of care in the medical community. In the case of a surgical error, if the surgeon’s actions fall below the expected standards and the patient suffers harm as a result, the law may consider it malpractice. The law requires the error to directly cause the injury, rather than the injury being a natural result of the procedure itself.
Proving medical malpractice in Pennsylvania
To prove that a surgical error qualifies as medical malpractice, you must establish certain elements. First, provide evidence that the surgeon breached the standard of care. Second, show that the error directly caused the injury. Finally, prove that damages (such as pain, additional medical costs, or lost wages) resulted from the mistake.
Surgical errors are serious, and victims may qualify for compensation. It is important to note that the statute of limitations generally requires you to take action within two years. If you suspect a surgical mistake caused you harm, understanding how Pennsylvania law addresses these errors can help you take the right steps.