When Medical Negligence Turns a Surgical Procedure Into a Lifetime of Consequences
Undergoing surgery requires trust—trust that your surgeon, anesthesiologist, and medical team will do everything in their power to protect your life and health. But when that trust is broken by a preventable mistake, the results can be devastating.
At Ostroff Godshall Injury and Accident Lawyers, we represent victims of surgical malpractice across Pennsylvania. Whether you were harmed by a careless mistake in the operating room or lost a loved one due to negligence, we’re here to fight for the accountability and compensation you deserve.
What Is a Surgical Error?
A surgical error is a preventable mistake that occurs before, during, or after a surgical procedure—one that causes harm to the patient and falls below the accepted standard of medical care. These errors are distinct from known risks or complications. While every surgery carries inherent risks, surgical errors are often due to human negligence, miscommunication, or system failures that could—and should—have been avoided.
Examples of Common Surgical Errors:
- Wrong-site surgery: Operating on the wrong part of the body.
- Wrong-patient surgery: Performing a procedure on the incorrect patient.
- Foreign object retention: Leaving surgical tools or materials (e.g., sponges, gauze, clamps) inside the body.
- Anesthesia errors: Including overdose, underdose, or failure to monitor allergic reactions or oxygenation.
- Organ damage: Puncturing or lacerating organs such as the bladder, liver, intestines, or lungs.
- Nerve damage: Injuries that result in chronic pain, numbness, or paralysis.
- Hemorrhage or excessive bleeding: Often due to poor technique or missed blood vessel injuries.
- Failure to monitor during or after surgery: Missing signs of distress, internal bleeding, or infection.
These mistakes can result in prolonged hospitalization, additional surgeries, permanent disability, or even death.
The Real-Life Impact of Surgical Mistakes
Surgical errors are not minor issues. They can cause profound physical and emotional harm, not only to patients but also to their families. At Ostroff Godshall, we’ve represented clients across Pennsylvania whose lives were turned upside down by:
- Multiple revision surgeries needed to repair damage caused by careless or improper incisions.
- Persistent pain and loss of mobility due to nerve damage following orthopedic procedures.
- Infections such as sepsis caused by unclean surgical environments or retained foreign objects.
- Organ failure or internal bleeding resulting from accidental perforation or poor technique.
- Emotional trauma and loss after anesthesia-related deaths.
- Long-term disability due to incomplete or botched surgeries.
The effects of these errors can include chronic pain, job loss, mounting medical bills, psychological distress, and a diminished quality of life.
What Causes Surgical Errors?
Despite advances in technology, safety protocols, and surgical training, avoidable mistakes still happen in hospitals and surgical centers across Pennsylvania. These errors often stem from the following causes:
- Communication Failures – Communication breakdowns among members of the surgical team can lead to catastrophic mistakes. This includes failing to confirm the patient’s identity, surgical site, or procedure, as well as failing to report abnormal vital signs or changes in the patient’s condition.
- Inadequate Preoperative Planning – A comprehensive review of a patient’s history, imaging, and test results is essential. Skipping this step can lead to complications—such as operating on the wrong organ, missing an allergy, or failing to account for prior conditions.
- Lack of Skill or Supervision – Hospitals may allow medical residents or newly credentialed staff to perform surgeries with insufficient supervision. Surgical errors often occur when a provider lacks experience or the necessary qualifications.
- Protocol Failures and System Errors – Safety checklists exist for a reason. When hospitals fail to enforce surgical protocols, allow understaffing, or use outdated equipment, the likelihood of an error increases significantly.
- Fatigue and Burnout – Surgical teams often work long, grueling shifts. Fatigue impairs cognitive function, judgment, and attention to detail. A tired surgeon may forget a step, misidentify anatomy, or miscommunicate with staff.
How Do You Prove Surgical Malpractice in Pennsylvania?
Medical malpractice lawsuits—especially those involving surgical error—are medically and legally complex. To win a claim, you must show:
- A doctor-patient relationship existed.
- The healthcare provider breached the applicable standard of care.
- That breach directly caused the injury or death.
- The patient suffered measurable damages.
Our team builds cases by working with board-certified medical experts to:
- Review operative and hospital records.
- Analyze vital sign monitoring logs.
- Assess the adequacy of pre- and post-operative care.
- Reconstruct what happened during surgery.
- Compare provider conduct against the recognized standard of care.
Pennsylvania law also requires the filing of a Certificate of Merit—a written statement by a qualified medical expert confirming that your claim is not frivolous and that negligence likely occurred.
What Compensation Is Available in a Surgical Malpractice Lawsuit?
The law allows victims of surgical negligence to seek compensation for a wide range of losses. These may include:
Economic Damages:
- Past and future medical expenses
- Hospitalization and surgical costs
- Physical therapy and rehabilitation
- Home healthcare and medical equipment
- Lost wages and diminished future earnings
Non-Economic Damages:
- Physical pain and suffering
- Emotional trauma and mental anguish
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium
Wrongful Death Damages (if applicable):
- Funeral and burial costs
- Loss of financial support and benefits
- Loss of love, companionship, and parental guidance
We understand that no amount of compensation can undo what happened—but it can provide vital financial support for recovery and ensure those responsible are held accountable.
Why Trust Ostroff Godshall Injury and Accident Lawyers?
When it comes to medical malpractice law in Pennsylvania, experience, knowledge, and tenacity matter. At Ostroff Godshall, we bring all three to every case. Our firm has:
- Recovered tens of millions of dollars for medical malpractice victims.
- Handled complex surgical error cases across all regions of Pennsylvania.
- A proven trial team prepared to go to court when necessary.
- A reputation for personal, compassionate service to every client.
We handle all malpractice claims on a contingency fee basis. That means you pay nothing unless we win your case. No hourly rates, no upfront legal fees—just results.
Time Limits: Don’t Wait to Speak with a Lawyer
Under Pennsylvania’s statute of limitations, most medical malpractice claims must be filed within two years of the date the injury occurred—or the date you reasonably discovered it. There are exceptions for:
- Minors, whose time to file may be extended until they turn 20.
- Wrongful death claims, which must be filed within two years of death.
- Delayed discovery, as in cases where a foreign object is discovered months or years later.
The sooner you contact an surgical error lawyer, the better your chances of preserving evidence and building a strong case.
Surgical Error Malpractice: Frequently Asked Questions
What’s the difference between a surgical error and a known risk?
Known surgical risks are disclosed in informed consent documents. Surgical errors, on the other hand, result from negligence and fall outside the realm of acceptable complications.
Can I still sue if I signed a consent form?
Yes. Consent forms do not protect providers from liability for negligence. They do not excuse errors that no reasonable physician would make.
What kinds of surgeries most often involve malpractice?
- Spinal surgeries and joint replacements
- C-sections and other gynecological procedures
- Cardiac surgery
- Gastrointestinal operations
- Plastic and cosmetic procedures
- Neurosurgery
Who can be held responsible in a surgical malpractice case?
Depending on the circumstances, you may be able to bring a claim against:
- The surgeon
- The anesthesiologist
- Nurses or surgical techs
- The hospital or surgical facility
- Medical device manufacturers (in cases of defective equipment)
I didn’t discover the error until much later. Can I still file?
Possibly. The discovery rule may apply if you couldn’t have reasonably known about the injury sooner. Each case is different—contact us to review the facts.
Can I afford to hire your firm?
Absolutely. We don’t charge unless we win. And our consultations are always free.
Call a Pennsylvania Surgical Malpractice Attorney Today
You trusted your doctor. If that trust was broken, you deserve answers—and you deserve justice. At Ostroff Godshall Injury and Accident Lawyers, we fight for people harmed by medical negligence in operating rooms throughout Pennsylvania.
Contact us today for a free case evaluation.
Let us help you move forward with confidence and strength.
Client Testimonials
- “I cannot recommend Shayna Shorr from Ostroff Godshall Law enough. Navigating my mother’s wrongful death case was very stressful and emotional, but Shayna provided compassion, guidance, and knowledge every step of the way. Her great understanding of both the legal and medical nuances was evident in how thorough she was with our case. She fought and advocated for our family to ensure we were treated fairly and kept me informed with new updates. Thanks to her time, dedication, and negotiation skills, we achieved a successful resolution. If you need a knowledgeable and caring advocate, look no further.” Shayna will treat you like family. My siblings and I consider her a bonus sister! – Rea G
- “I must say that I had no idea how the litigation process worked. But after meeting the team, I soon realized they believed in me and fought as hard as I did seeking justice for myself and my family. Any questions I had, no matter how small or trivial, were answered quickly, with logic, knowledge of the process, and great empathy. Their team was stellar. But my true thanks go to Richard, Fallon, and Susan, and their entire staff. Always a quick response time to any questions I had, which meant so much during such a sad and frustrating time in my life.
In the end, justice was served. And the team at Ostroff Godshall fought to obtain that justice for myself and my family. We are forever grateful. And recommend them highly.” – Lucy C.
- First and foremost, I want to thank the attorneys that worked with me during one of the most difficult times of my life. I am forever grateful to have been represented by such wonderful Attorneys. My Counselors, Shayna and Richard, were incredibly compassionate, understanding, and very patient with me. Their professionalism goes a long way. I loved how they worked with me and treated me as if I were someone in their family. I never felt like a client. I will forever be grateful to Ostroff Godshall because they saw me through one of the most devastating times in my life. I was able to call them, and they were always available. Shayna specifically is one-of-a-kind. I would reach out to her late in the evenings, and she would always respond to me and just be there for me. I will never forget the day I asked her to have breakfast with me on a weekend to discuss some of my concerns, and she did not hesitate to be there for me. I surely will never forget that. I would highly recommend Ostroff Godshall to anyone experiencing difficulties in their lives where they need good people to represent them. You will not regret it. One of my best decisions was hiring Ostroff Godshall to represent me. I am truly glad that I did. – Margarita M.
- “When I first contacted OG, I was a nervous wreck. I’ve never needed legal counsel before, but my experience working with them has been a blessing. They treated us like family and fought every step of the way to seek the justice we deserved. You say why OG? I say, why not? Who would you want in your corner? For me, it was OG.” – Nicole B.
Medical Malpractice Case Summaries
- $7,624,332 – CLARION COUNTY MEDICAL MALPRACTICE JURY VERDICT
Medical Malpractice Verdict for Delayed Cancer Diagnosis
Our firm secured a $7,624,332 verdict for a 33-year-old man following a one-year delay in diagnosing rectal cancer. The delay allowed the cancer to progress to stage IV metastatic disease and resulted in multiple surgeries.
- $3,000,000 – PHILADELPHIA MEDICAL MALPRACTICE
20 Month Delay in Diagnosing Breast Cancer
$3,000,000 settlement in a Philadelphia Medical Malpractice case for a 56-year-old woman who had a 20-month delay in diagnosing breast cancer. By the time the cancer was diagnosed, it had progressed to Stage III invasive lobular breast cancer, resulting in a double mastectomy, 16 rounds of chemotherapy, 12 rounds of radiation, and a loss of chance of survival. The case was able to be settled after depositions.
- $1,300,000 – LUZERNE COUNTY SETTLEMENT
Shoulder/Arm Injury
$1,300,000 pre-trial settlement for client injured by doctor’s medical malpractice when he cut a major nerve in her shoulder while performing a simple biopsy on her skin. Her injuries limited her arm movement thereafter.
- $1,000,000 – YORK COUNTY SETTLEMENT
Botched Plastic Surgery
$1,000,000 settlement of lawsuit filed in York County, shortly before trial. Client was seriously harmed by a local doctor who botched a plastic surgery he performed on her.
- $985,000 – PHILADELPHIA SETTLEMENT
Deep Tissue Buttock Injuries
$985,000 settlement during trial for a woman from Delaware who sustained severe, deep tissue injuries to her buttock from a negligently administered injection.
- $485,000 – CRAWFORD COUNTY SETTLEMENT DURING TRIAL
Stroke $485,000 settlement during trial for client from Cambridge Springs who suffered a stroke as a result of medical malpractice.
- $300,000 – CHESTER COUNTY MEDICAL MALPRACTICE
Delayed Diagnosis in Young Child
Our firm secured a $300,000 recovery for a young child whose testicular torsion went undiagnosed, resulting in the removal of one testicle. His parents were initially told that he had constipation and were instructed to take him home.
- $225,000 – PHILADELPHIA MEDICAL MALPRACTICE
Medical Malpractice Recovery for NG Tube Misplacement Case
Our firm secured a $225,000 recovery in a case involving the improper placement of an NG tube at Children’s Hospital of Philadelphia. The tube was placed in the lower lobe of the patient’s left lung rather than in her stomach. Shortly after placement, the patient reported that something felt wrong, and her parents observed that the tube appeared abnormal. Despite these concerns, they were allegedly reassured that the placement was proper based on a pH reading, without an X-ray to confirm it. Consequently, our client underwent several surgeries to clear her lung.
