Most Common Surgical Errors that Lead to a Malpractice Lawsuit

May 1, 2025

Surgery always carries a certain amount of risk, but when a mistake happens because of negligence, the patient could be left to deal with life-changing consequences. Surgical errors lawyers in Philadelphia help patients hold careless medical professionals accountable and go after the compensation they deserve for the harm they’ve suffered.

If a preventable surgical mistake has impacted your life, call Wapner Newman at (215) 569-0900 to discuss your legal options.

When a Surgical Mistake Becomes Malpractice

Surgical errors aren’t always just unfortunate accidents. Many of them are preventable mistakes that happen because a surgeon, hospital, or medical team didn’t follow the proper procedures. Patients put a lot of trust in their medical providers and expect a high standard of care. When that trust is broken, it can lead to a long recovery period, the need for additional surgeries, permanent disability, and even death.

Not every bad outcome means the healthcare provider was reckless in their job. Some complications can’t be avoided even when everything is done correctly. However, when negligence causes a preventable mistake, the one responsible can be held legally liable.

To prove malpractice, you have to show that:

The party responsible owed you a duty of care.
They breached that duty through negligence.
Their negligence directly caused harm to you.
You suffered losses as a result of this harm.

The key factor in malpractice cases is whether the mistake could have been avoided if the proper steps were taken. For example, if a surgeon operates on the wrong body part because they didn’t double-check patient records, that’s a clear breach of duty. Likewise, if a sponge or tool is left inside the patient because no one remembered to account for everything before closing the incision, that’s also negligence.

A mistake on the operating table can lead to a slew of medical problems, including nerve damage, internal bleeding, infections, and the need for additional surgeries to correct the mistake. Patients can be left to deal with severe pain, disability, and psychological trauma.

Common Surgical Errors That Lead to Lawsuits

Surgery in the Wrong Place

Sometimes, a surgeon operates on the wrong part of the body, such as amputating the wrong limb or removing a healthy organ instead of the diseased one. It’s a shocking idea — and it happens more than most people think. Hospitals and surgical teams are supposed to follow strict rules to prevent this type of mistake, including marking the correct site on the patient’s body before the surgery. When those rules aren’t followed, patients suffer irreversible harm.

Foreign Objects Left Behind

Surgeries require the use of sponges, clamps, forceps, and other instruments, and surgeons and operating staff have to keep track of those tools. When one of them is left in the patient’s body, it can cause severe infections, pain, and other complications. The patient will probably have to undergo another surgery to remove the object.

Anesthesia Mistakes

Anesthesia needs to be carefully administered and monitored throughout a surgery. If a patient gets too much, they can suffer brain damage and death. Too little, and they might wake up during surgery but be unable to let anyone know. Mistakes also happen when the anesthesiologist doesn’t pay attention to the patient’s medical history, which could lead to dangerous drug interactions and allergic reactions.

Organ or Nerve Damage

A single slip of a scalpel or too much pressure on a nerve can cause permanent damage. Patients who suffer nerve injuries during surgery may live with chronic pain, loss of sensation, and loss of mobility. Organ damage can cause complications that threaten the patient’s life and often need long-term medical care.

Infections From Unsanitary Conditions

There’s a reason hospitals smell so heavily of antiseptic. Staff are supposed to keep spaces clean to avoid transferring infections from patient to patient. When hygiene protocols aren’t followed, bacteria can easily get into a surgical site and cause deadly infections like sepsis. Post-surgical infections often require extended hospital stays, additional surgeries, and strong antibiotics to fight the pathogens.

Not Recognizing or Correcting a Mistake

Sometimes, a surgeon realizes a mistake was made during the procedure, but instead of dealing with it, they try to cover it up or simply don’t tell the patient what happened. When a doctor doesn’t take responsibility for their mistake, it adds to the patient’s stress and can lead to unnecessary suffering and complications.

A preventable medical mistake can change your life forever. Holding negligent medical providers accountable with the help of a surgical errors lawyer in Philadelphia is a step toward justice.

What Happens if You’ve Been Affected by a Surgical Error?

It can be tough to prove medical malpractice. Doctors and hospitals rarely admit fault, and their insurance companies will aggressively defend against any claims made against them. This is why you need a strong Philadelphia surgical errors attorney if you feel a preventable mistake caused your injury.

A malpractice case can help you recover compensation for:

Medical costs
Lost wages
Pain and suffering
Long-term care (if the mistake led to permanent disability).

Surgical mistakes affect much more than just the patient’s health. They often lead to serious financial strain and emotional distress. Medical bills pile up quickly, and being unable to work makes the burden even heavier. A successful malpractice claim can offer much-needed financial relief, allowing you to focus on your recovery rather than worrying about medical costs and legal issues.

How a Surgical Errors Lawyer in Philadelphia Can Help

Medical malpractice claims require a deep understanding of both medical and legal concepts. Hospitals and insurance companies have teams of lawyers who work hard to deny liability and reduce payouts to victims. Without legal help, you could have a hard time getting the compensation you deserve.

A lawyer can:

Investigate your case
Gather evidence of negligence
Talk with medical experts to prove malpractice
Handle negotiations with insurance adjusters
Take your case to court if necessary.

Time is a critical factor. Pennsylvania has strict statutes of limitations on how long you have to file your claim. If you wait too long, you could lose your right to go after compensation, so it’s best to talk to a Philadelphia surgical errors attorney as soon as you can after you realize there’s been a mistake.

Get the Legal Help You Deserve

If you’ve suffered because of a surgical mistake, don’t wait to take action. The sooner you start, the better your chances of getting the compensation you deserve.

Call Wapner Newman at (215) 569-0900 to discuss your case with a Philadelphia surgical errors lawyer today.