Medical Malpractice in General Surgery

Medical Malpractice in General Surgery
Medical Malpractice lawyer in philadelphia

In today’s world, surgeries have become commonplace. Surgeries that once required hospitalization doctors often perform as outpatient procedures. The advances in medical technology and understanding have been nothing short of amazing.

Nearly 30 million surgeries are performed each year in the United States. Not all surgeries are serious nor do they all require an overnight or lengthy hospital stay. Some surgeries even allow you the option to stay awake. But all surgeries have the same goal—fix a problem. Unfortunately, not every patient comes out of surgery having their problem or ailment fixed. Sometimes, they are worse off than before their surgery and this is often caused by medical malpractice.

If you or a loved one has suffered injuries from the negligence, recklessness, or carelessness of a medical professional, the law could entitle you to compensation. To find out for sure, speak with an experienced medical malpractice lawyer today.

Types of Medical Malpractice

Medical malpractice has a fairly simple definition: any act or failure to act by a medical professional that results in injury to the patient. Some forms of medical malpractice can be quickly rectified, but others can leave the victim with a lifetime of suffering. Each of the following provides a broad overview of the most common types of medical malpractice, something you or your loved one might face right now.


Misdiagnosis occurs when a doctor diagnoses a patient with something they do not have or fails to diagnose the patient with any ailment, even when they are suffering from one. In both cases, the doctor will be held to a reasonable standard of care. In other words, would most other doctors have acted the same way this doctor did?

If the answer is no, then the doctor could be liable for your continued suffering. One of the many negative aspects of misdiagnosis is that patients often undergo surgeries they did not need. Not only does this incur financial burden but it could also leave the patient dealing with a long period of rehabilitation to recover from the unnecessary surgery.

Delayed Diagnosis

Delayed diagnosis and misdiagnosis are similar forms of medical malpractice. In a delayed diagnosis, the doctor may initially not diagnose or misdiagnose the patient. As symptoms worsen, the doctor makes the correct diagnosis but significant time has passed. This time could have made it easier and faster for the patient to recover but because the doctor failed to promptly diagnose the issue, the victim suffers.

Failure to Treat

When a doctor provides the right diagnosis, that is only half the battle. The other part is making sure the patient receives the right treatment. With a failure to treat issue, the doctor correctly diagnosed the patient but failed to provide any treatment or provided the wrong treatment. This can come in the form of prescribing the wrong medication, releasing a patient from care too soon, or not properly following up with the patient. In every case, the patient will suffer.

Surgical Error

Surgical errors are plentiful and we will discuss these in more detail later. But, in the simplest form, surgical errors can occur when a doctor opens the patient’s body in the wrong spot or leaves surgical equipment in the patient’s body. In every case, the patient suffers greatly and may require additional surgeries that would have otherwise been unnecessary.

Birth Injury

New parents are excited to welcome a new baby to the family. Unfortunately, some doctors rush the birth or use incorrect tools to help the birth along. This can not only result in injuries to the mother but also serious injury and even death to the baby.

Medical Product Liability

Sometimes doctors do everything right but the product they used failed the patient. Faulty medical devices often cause serious injuries in many patients before they discover the exact issue. Because of this, medical equipment may cause patients to suffer for a long time before their doctor can accurately discover the problem.

This is not meant to be a comprehensive list. There are many causes of medical malpractice and if you or a loved one has suffered an injury because of the above, or any other reason, you need to speak with a seasoned medical malpractice attorney right away to start the process of filing your medical malpractice claim. Your lawyer can help you get every dollar you deserve so you can put an end to your financial suffering and focus completely on your health and well being.

Surgery Complications

Surgical errors can cause a lifetime of negative consequences for the patient. While surgery today is much safer than it was even just a few decades ago, it is still a complex, dangerous medical procedure. But when human error is involved, they greatly increase the dangers.

Common surgical errors include:

  • Performing the wrong surgery
  • Performing an unnecessary surgery
  • Using non-sterile surgical equipment
  • Leaving medical equipment inside the patient’s body
  • Damaging organs, nerves, or tissues
  • Administering too much or too little anesthesia
  • Failing to provide adequate care after surgery

According to a new report, surgery is the second most common cause of medical malpractice claims. 29 percent of the injuries suffered from surgery were considered significant and permanent. Going into surgery expecting to improve your ailments and coming out with potentially life-altering injuries is a shock to the system, to say the least.

Many of the reasons for a surgical mistake center around human error. In the case of car accidents, distracted driving is a significant cause. The same is true of surgeries—distraction in the operating room can lead to dire consequences.

Nevertheless, mistakes continue to happen. If you or a loved one has suffered an injury from a surgical mistake, you need to speak with an experienced medical malpractice attorney as soon as possible after your surgery. You should not bear the burden of the extra medical costs you face because of a doctor’s negligence. Let us help you hold them accountable for your injuries and your financial suffering.

Determining if Medical Malpractice Occurred

Medical malpractice is one of the most complex areas of personal injury law. Medicine and the human body are inherently complex subjects on their own. Add to that the complexities of the legal process, and you end up with a situation that many lawyers are not equipped to handle.

That’s why you need to speak with a trusted medical malpractice attorney. You deserve someone who has been down this road before and has the relationships with medical experts to get a better understanding of what happened in your case.

To prove that you have suffered from medical malpractice, your lawyer must show several elements:

  • You and the surgeon had a doctor-patient relationship
  • The surgeon acted in a negligent, reckless, or careless manner
  • Those actions caused you an injury
  • The injury has caused you to suffer damages

The surgeon's attorney could contest that the surgeon acted carelessly. They could argue the doctor acted in a reasonably prudent manner. That’s why you need the services of an experienced and connected medical malpractice attorney at your side. We can work with medical experts to help show that the surgeon did not act reasonably in your case and made mistakes that have caused you physical harm.

Your ability to recover from your physical injuries depends in significant part on your ability to recover compensation for your injuries. Your medical bills will be even higher now that you have more injuries to deal with but those bills should not be your responsibility. Let us help you hold the surgeon liable for your financial suffering.

Getting Help for Your Injuries

To recover compensation from the surgeon for your injuries, you need to file a medical malpractice claim. Once you suffer an injury, you have limited time to file a medical malpractice claim. It is crucial for the success of your claim that you speak with a seasoned medical malpractice lawyer as soon as possible after your injury. While you focus on your physical recovery and well being, your chose legal representation can work hard to collect every dollar you deserve.

Your lawyer may try to get you compensation for:

  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Lost earning potential
  • Loss of companionship
  • Loss of life enjoyment
  • Present and future medical bills
  • Rehabilitation costs

What many medical malpractice victims fail to realize is that the bulk of their financial needs are in the future. Many victims see the medical bills sitting on the coffee table. They know how much they owe in medical bills right now. What they do not correctly calculate, however, is what they will need to get back to their regular life.

When you work with an experienced medical malpractice lawyer, you can work together to create an accurate estimate of your future medical needs. This estimate may include a dollar amount placed on your lost wages and lost earning potential. Many victims like you do not accurately account for their lost income and, more importantly, their lost earning potential. This can result in the victim not getting enough compensation to cover their needs.

Medical malpractice claims are often met with stern responses from the insurance company representing the doctor or the hospital. They tell you that their first offer is their best offer, the only offer you will get, and you need to take it fast before they pull the offer away.

Do not let these insurance company tactics pressure you into taking a settlement without first having your lawyer review the offer. The insurance companies know you need the money and they know you just want to put this time of your life behind you. Knowing this, they try to get you to settle for less than your case is worth. If you do sign their initial settlement offer, you will waive your right to bring any future claims against the insurance company for your surgical injury. This means that you could end up paying out of pocket for your recovery.

To avoid this scenario, you deserve to have a knowledgeable medical malpractice lawyer looking out for your best interests. Our goal is to make sure you get every dollar you deserve so you can get back to your regular life. The insurance company just wants to make you go away for as little money as possible.

While we work hard to negotiate a fair and reasonable settlement amount for you, that lifts the burden and stress from your shoulders allowing you the chance to focus all of your effort and energy into your physical well-being. When you can focus on what really matters, you can make greater progress faster.

A Lawyer Can Help

The right lawyer can indeed make a difference in your medical malpractice claim. You need a lawyer who can investigate your injury, speak with medical experts about what went wrong, and understand your recovery path. You also need a legal team that can stand up to the big insurance companies to help you maximize your recovery. Our goal is to get you the maximum amount for your suffering so you do not have to worry about how to pay your bills.

We also want to make sure your family does not have to take on extra work or feel the burden of taking on additional financial responsibilities because of your injuries. That is not their burden to bear. The financial cost of your surgical error should be borne solely by the at-fault party, whether it is a doctor, nurse, hospital, or a product manufacturer. The right lawyer can help you get back on your feet.


If you or a loved one suffered injuries during surgery, you may seek compensation for your injuries. To find out for sure, speak with a trusted medical malpractice attorney today.