Pennsylvania Surgical Malpractice Attorneys

You trusted your surgeon with your health; something went terribly wrong, and now you are managing real pain, unanswered questions and surgical complication medical expenses you never anticipated, all while trying to understand whether what happened was an unavoidable risk or someone’s preventable mistake.

Since the founding of Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters in the 1800s, we have been helping Pennsylvanians find honest answers to questions like yours, which means you will have the most thoroughly prepared legal team in Pennsylvania standing behind your case.

Common Causes Of Surgical Malpractice

Surgical malpractice is a form of medical negligence in which a surgeon or surgical team fails to meet the required standard of care, which causes harm to the patient. This is not the same as a known complication that patients discuss with their doctors in advance. Surgical malpractice involves a preventable error, one that a skilled surgeon facing the same situation would have avoided.

Some of the most common surgical errors that form the basis of a malpractice claim are:

• Wrong-site surgery: Operating on the incorrect site or patient or performing the incorrect procedure
• Retained surgical items: Leaving instruments, sponges or any foreign object that was not removed before the incision was closed
• Anesthesia errors: Giving an incorrect dose or not tracking how the patient is tolerating the procedure in real time
• Failure to monitor post-operative condition: Overlooking warning signs of a preventable complication after surgery
• Surgical site infections: Failing to maintain proper sterile technique during the procedure
• Nerve, tissue or organ damage: Injuring nearby structures beyond what the procedure required

Pennsylvania law recognizes these as preventable events, not acceptable risks, and it gives injured patients the right to seek accountability.

How To Tell The Difference Between A Known Surgical Risk And Medical Malpractice

Not every difficult outcome after surgery gives rise to a malpractice claim, and we believe you should understand that from the start. Surgery carries real risks, and some complications occur even when the surgical team performs the procedure correctly. When you signed your informed consent form, you agreed to accept those known risks.

What you did not agree to was a surgeon making a negligent mistake that a reasonably skilled doctor would have avoided. The surgical standard of care is the legal threshold that courts use to draw that line. It reflects what a competent surgeon, not a perfect one, would do given the same patient, the same condition and the same circumstances. When a surgeon’s conduct falls below that threshold and harms you, a surgical complication may become the basis of a valid legal claim.

Who Is At Fault? Determining Liability In Pennsylvania Surgical Malpractice.

Questions of surgeon negligence and liability are rarely simple to resolve. Multiple professionals share the operating room, and more than one of them can bear responsibility for what went wrong. Pennsylvania law allows patients to pursue claims against every responsible party, including hospitals when they employ the responsible staff or through negligent credentialing or staffing decisions.

Based on the facts of your case, responsibility may fall on:

• The lead surgeon
• The anesthesiologist
• The surgical nursing staff
• The hospital or surgical center
• Hospital administrators

Our attorney Clifford Rieders wrote Pennsylvania Medical Malpractice: Law & Forms, the primary legal reference used by attorneys statewide and published by the Pennsylvania Association for Justice. This means we can examine your entire chain of care to identify every responsible party and pursue full accountability.

Understanding Pennsylvania’s “Certificate Of Merit” Requirement

Before a surgical malpractice case can proceed in Pennsylvania, state law requires your attorney to file a document known as a Certificate of Merit. An independent, qualified medical professional must sign this document after reviewing your records and confirming there is a reasonable cause to believe your care did not meet the accepted standard. Without this certification, the court will not allow your case to proceed.

Meeting this requirement takes more than locating a willing medical professional. You need an expert with the right credentials and specialty, one who understands what the law requires them to establish. Our attorneys have the professional networks and the case preparation experience to secure that expert review and build a compelling record from day one.

You Deserve Answers From A Team That Knows How To Get Them

You came to this page because you believe something went wrong, and you deserve an honest answer about what your legal options are. Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters has secured six- and seven-figure results in medical malpractice cases across Pennsylvania, and we bring that same preparation and commitment to every client we represent.

Whether you need a Williamsport surgical malpractice lawyer or representation across Scranton, Harrisburg or Central Pennsylvania, we serve injured patients throughout the state. Call us at 570-796-7613 or reach out to us online to schedule your free consultation.