A medical or surgical error is defined as a failure to provide the level of skilled care and prudence that would be reasonably expected under similar conditions. For a medical or surgical error to be considered medical malpractice, the following elements must be present in the case:

• A doctor-patient relationship existed
• The doctor failed to provide reasonable care
• The patient suffered harm
• The doctor error was the cause of this harm

To establish these elements of your case, it is essential to seek the help of a qualified Philadelphia medical malpractice attorney with an intimate knowledge of the laws and medicine applicable to your case. Each experienced Philadelphia medical malpractice lawyer at our firm is prepared to evaluate your case to determine the best way to seek justice and help you obtain the compensation you deserve.

Incidence of Medical and Surgical Errors in the U.S.

According to studies published by HealthGrades (a group that rates health-care providers), as many as 195,000 patients die each year because of preventable doctor errors and other medical mistakes. This is roughly twice the number of people who die in car accidents and from breast cancer combined. Despite these horrifying numbers, only one in eight injured patients or their families ever file a legal claim to seek compensation for their losses.

In addition to death, medical or surgical errors can cause serious harm such a birth trauma, unnecessary surgery, brain injury, loss of a body part, nerve damage, infection, disfigurement, disability and more.

Common Causes of Medical and Surgical Errors

• Failure to properly diagnose and treat a patient’s condition
• Delayed, improper or inadequate treatment
• Failure to recognize and treat complications promptly and effectively
• Failure to obtain consent for treatment
• Surgical mistakes
• Anesthesia mistakes
• Prescription errors
• Failure to obtain a complete medical history
• Poor communication between the patient and medical staff
• Negligence or incompetence during a surgical procedure, which can include:
  • Use of unsterile surgical equipment
  • Puncture or damage to nearby organs or surrounding tissues
  • Nerve damage
  • Surgical instruments or equipment left in a patient’s body

In some of the most shocking surgical error cases, the wrong surgery is performed, a wrong body part is operated on or surgery is performed on the wrong patient.

Medical and surgical errors and your legal rights

By pursuing a medical malpractice claim, you have the legal right to seek compensation for injuries caused by a negligent medical professional. Under a medical malpractice claim, a medical error victim may be eligible to receive compensation for their losses including pain and suffering, loss of past and future earnings, past medical expenses and future medical needs.

It is important to know that medical malpractice lawsuits are subject to a statute of limitations, which limits the time you have to file a claim. Please contact us to protect your legal rights.

Are you a victim of a medical or surgical error?

If you suspect that a medical or surgical error has caused serious injury or death to you or a loved one, it is important to contact an experienced and qualified Philadelphia medical malpractice attorney.

The qualified attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. have a wealth of experience protecting those who have been injured due to medical malpractice. We can evaluate your case free of charge to determine the best way to protect your legal rights. To learn more about common medical errors, contact a Philadelphia medical malpractice lawyer at our firm today.