The Small Firm for Big Cases

Philadelphia Surgical Error Attorney

When you go in for surgery, you are putting your life in the hands of your surgeon and his or her team of medical professionals. Medical practitioners are responsible for providing a certain level of care and skill during medical procedures and operations. They legally and ethically must act in a way that does not cause harm to the patient. Unfortunately, not all medical providers uphold these standards of care. Some are negligent – they breach surgical protocols, provide substandard medical care and make harmful mistakes during surgeries.

If you suspect that a surgical error is behind your recent injury or illness, contact the Philadelphia surgical error attorneys at Youman & Caputo today to request a free consultation. We are highly experienced and reputable medical malpractice lawyers in Pennsylvania who can determine if you have a case during a free evaluation. We are passionate about getting the case results that wronged patients deserve.

Why Choose Us?

  • We are the small law firm for big cases. We’ve secured over 100 settlements and verdicts of at least $1 million – including multiple eight-figure medical malpractice case results.
  • Our attorneys have nearly 100 years of combined experience representing individuals and their families in medical malpractice lawsuits.
  • We use technology to represent our clients more effectively and efficiently. Our legal tech will improve your experience as our client and reduce your costs where there is a recovery.
  • Our surgical error attorneys in Philadelphia work on a contingency fee basis. This means you won’t pay us a dime unless we recover compensation for your surgical error lawsuit.

The Importance of Contacting a Surgical Error Attorney in Philadelphia

Surgical error lawsuits are complicated claims. Medical malpractice as a whole is one of the most complex practice areas, with special state laws and nuances. Surgical error claims often require in-depth knowledge of state laws, qualified medical experts and aggressive case litigation against a powerful adversary, such as a hospital or surgical center in Philadelphia. The best way to handle your surgical error lawsuit is by hiring an attorney to represent you.

An attorney with experience and resources to support your claim can investigate for signs of medical malpractice, collect evidence against the surgeon or another defendant, explain your legal rights and options, and guide you through the legal process from start to finish. A surgical malpractice lawyer can also increase your odds of obtaining maximum financial compensation for your claim by going up against an insurance company or a hospital’s legal team.

surgical malpractice attorney in philadelphia

What Is a Surgical Error? What Are Common Examples?

A surgical error in a medical malpractice context refers to a preventable or careless mistake made by a medical professional. While surgeons and other health care professionals are not required to be perfect, they do have an obligation to use an appropriate level of care when treating patients. Falling short of this standard of care increases the risk of surgical complications and adverse health effects for the patient. Common examples of surgical errors that are involved in medical malpractice lawsuits include:

A surgeon who knowingly and intentionally performs an act or omission that could harm the patient has committed medical malpractice. Medical negligence, another type of tort, is the careless, unintentional or wanton failure to act in a way that a reasonable and prudent practitioner would under similar circumstances. Either way, the surgeon or clinician can be held liable (financially responsible) for the surgical error and a patient’s related injury or death.

How Do You Know if You Have a Surgical Error Lawsuit?

Not all surgical complications or even errors committed by surgeons during procedures constitute medical malpractice. In Pennsylvania, you will only have grounds to file a medical malpractice claim for a surgical error if the required elements exist:

  1. A duty or standard of care. A doctor-patient relationship must have existed at the time of the alleged surgical error, as this creates a professional standard of care regarding a surgeon’s actions and behaviors.
  2. A breach of the duty of care. The surgeon or defendant must be guilty of violating the medical industry’s standards of care, such as by ignoring hospital protocols or failing to protect a patient from harm.
  3. Proximate or actual cause. The defendant’s breach of duty must be the direct or substantial cause of the injury or harm that the plaintiff is claiming.
  4. Damages suffered. The plaintiff must have specific damages, or losses, that are associated with the surgeon’s breach of the duty of care.

All surgeries come with potential health and safety risks for patients. Determining whether you have a surgical error lawsuit after suffering an injury, illness or infection during an operation requires an in-depth look at the medical provider’s actions during the procedure.

How to Prove a Surgical Error Lawsuit

If you can file a surgical error lawsuit in Philadelphia, you will have the burden of proof. This is the responsibility of proving the claim that you’re making. The evidentiary standard that you must meet to win a medical malpractice lawsuit is a “preponderance of the evidence.” This is clear and convincing evidence that shows the defendant is more likely than not responsible for your injury or loss.

Meeting your burden of proof requires compelling evidence. An attorney from Youman & Caputo can investigate your case and help you collect important evidence. This may include testimony from a medical expert, eyewitness statements, photographs, medical records, doctor’s notes, dictated operative notes and lab reports. We will use all of the information, evidence and technology at our disposal to build the strongest case possible on your behalf.

Contact a Philadelphia Surgical Error Attorney Today | Free Case Reviews

You’ve been through enough as the victim of a surgical negligence in Philadelphia. Let us take over from here. Youman & Caputo provide unparalleled client care and exceptional legal services, with a long track record of success in medical malpractice law. We have what it takes to properly represent you during a surgical error claim, no matter how large the case or significant your injuries.

Please contact us today at (215) 302-1999 to schedule your free and confidential case evaluation. We can help you seek the justice that you deserve and the financial compensation that you need to rebuild your life after a harmful surgical error in Philadelphia.