Surgical errors, unfortunately, occur more frequently than most would expect. When these errors happen, patients must understand their legal rights to seek justice and compensation. In Pittsburgh, hospitals are bound by stringent medical standards, and any deviation from these can result in serious consequences for both the patient and the healthcare provider. This article delves into the critical aspects of patient rights following surgical errors, the types of surgical errors, how to navigate medical lawsuits, and the role of legal counsel.

Types of Surgical Errors

Surgical errors encompass a range of mistakes that can occur before, during, or after a surgical procedure. Understanding the different types of errors helps in identifying the basis for legal action and the appropriate steps to take.

Wrong-Site Surgery: This occurs when a surgeon operates on the wrong part of the body. For instance, performing surgery on the left knee instead of the right. Despite protocols like the "universal protocol" by The Joint Commission, which aims to prevent such errors, they still happen.

Incorrect Procedure: Performing the wrong surgical procedure on a patient can lead to severe complications and prolonged recovery. This error is often due to miscommunication or clerical errors.

Anesthesia Errors: Mistakes in administering anesthesia can result in significant harm, ranging from temporary discomfort to permanent injury or even death. These errors can include giving too much or too little anesthesia or failing to monitor the patient properly.

Retained Surgical Instruments: Sometimes, surgical tools or sponges are mistakenly left inside a patient’s body, causing infections, pain, and the need for additional surgeries.

Nerve Damage: Accidental cuts or stretching of nerves during surgery can lead to partial or permanent loss of function. Nerve damage can have lasting impacts on a patient's quality of life.

Patient Rights

Patients in Pittsburgh, as in the rest of the United States, have fundamental rights when it comes to healthcare. Understanding these rights is crucial for anyone considering legal action following a surgical error.

Patients have the right to informed consent before undergoing surgery. This includes being fully informed about the procedure, potential risks, benefits, and alternatives, all without coercion and with adequate time for questions. They are entitled to receive competent care that meets accepted medical standards. Any deviation from these standards that results in harm can be grounds for a malpractice claim.

Confidentiality of medical records and personal health information must be maintained, and any breach of this confidentiality can compound the distress caused by a surgical error. Patients also have the right to seek a second opinion before undergoing surgery, ensuring they can make informed decisions about their health care. If a surgical error occurs, patients can file a complaint with the hospital, medical board, or other regulatory bodies, which can trigger an investigation and possible sanctions against the healthcare provider.

Navigating Medical Lawsuits

Filing a lawsuit after a surgical error can be a complex process, requiring a thorough understanding of medical and legal principles. Here are the essential steps involved:

Consulting a Medical Malpractice Attorney

Engaging a skilled medical malpractice attorney is crucial. These professionals can offer expertise and guidance through the intricate legal process, ensuring that all necessary documentation and evidence are properly handled.

Gathering Evidence

Evidence is the cornerstone of any malpractice lawsuit. This includes medical records, witness statements, and expert testimony. Comprehensive documentation of the surgical error and its impacts is vital.

Medical records provide a detailed account of the care received and where it fell short. Witness statements from healthcare staff, family members, and others can corroborate the patient's account of events and highlight discrepancies in care. Medical experts can offer opinions on whether the standard of care was breached and how the error caused harm to the patient.

Filing the Complaint

The formal process begins with filing a complaint with the appropriate court. This document outlines the allegations against the healthcare provider, the basis for the claim, and the damages sought.

Discovery Process

During discovery, both parties exchange information and evidence. This phase may involve depositions, interrogatories, and requests for documents. It is a critical stage for building a robust case.

Settlement Negotiations

Many medical malpractice cases are settled out of court. Settlement negotiations can save time and reduce the emotional toll on the patient. However, it is essential to ensure that the settlement amount adequately covers all damages, including medical expenses, lost wages, and pain and suffering.

Trial

If a settlement cannot be reached, the case proceeds to trial. During the trial, both sides present their evidence and arguments. The judge or jury then decides the outcome based on the evidence presented.

In summary, understanding and exercising patient rights following surgical errors are crucial steps toward justice and compensation. Comprehensive medical documentation, legal guidance, and a thorough understanding of the legal process can significantly impact the outcome of a malpractice claim. Frischman & Rizza, P.C. in Pittsburgh, PA, are committed to advocating for patients' rights and ensuring that those affected by surgical errors receive the justice they deserve.