When a Surgical Team Fails: Understanding Shared Liability in the OR
When you undergo surgery, you place your trust in an entire team of medical professionals. Surgeons, anesthesiologists, nurses, and support staff all play critical roles in ensuring your safety. When members of the surgical team make preventable mistakes, the consequences can be severe. However, it can be difficult to know who was at fault for your pain. Speaking with a medical malpractice lawyer in Pottsville is an important first step after suffering harm.
The team at Fanelli, Evans & Patel, P.C. can help you understand your rights under Pennsylvania law and determine which parties may be liable for your damages.
How Shared Liability Can Arise in the Operating Room
Modern surgical procedures require coordination among numerous healthcare professionals. In many cases, liability is not limited to a single individual. Examples of situations where shared liability may arise include:
- A surgeon performs the wrong procedure while nurses fail to identify the error during pre-operative verification.
- An anesthesiologist is improperly monitoring a patient while surgical staff overlook signs of distress during the procedure.
- A hospital or surgical facility allowing improperly maintained surgical instruments to be used, resulting in post-operative infection that causes additional injury.
Pennsylvania law allows injured patients to pursue claims against all parties whose negligence contributed to their injuries. Depending on the circumstances, responsibility may include the surgeon, anesthesiologist, nurses, medical staff of the facility, paramedics, and the surgical center itself.
Pennsylvania Medical Malpractice Laws and Shared Fault
Surgical mistakes often result from a series of failures rather than a single isolated error. A patient may suffer serious injuries when members of the surgical team fail to communicate effectively or neglect established safety procedures.
Because several healthcare professionals may have participated in the patient’s care, a thorough investigation is often necessary to determine how the error occurred and who may be legally responsible.
In Pennsylvania, medical malpractice evidence must generally demonstrate that the providers failed to meet the accepted standard of care and that the failure directly caused the patient’s injuries. When multiple parties share responsibility, Pennsylvania law may allow fault to be allocated among the negligent providers.
Identifying each liable party is important because it can affect the amount of compensation available to the injured patient. Victims may be entitled to recover compensation for both economic and non-economic losses. Damages may include medical expenses, future treatment costs, lost income, diminished earning capacity, pain and suffering, emotional distress, and loss of life’s enjoyment.
Generally, when a victim is awarded compensation in a malpractice case, the responsible parties pay the compensation based on their personal percentage of fault, making it vital to work with an attorney to gather relevant evidence proving fault.
Don’t Wait to Contact Our Medical Malpractice Attorneys in Pottsville, PA
If you believe negligence during surgery caused your injuries, it is important to seek legal guidance as soon as possible. The attorneys at Fanelli, Evans & Patel, P.C. are prepared to evaluate your situation and explain your legal options. Contact our office today online or call 570-622-2455 to schedule a consultation with an experienced Pottsville medical malpractice lawyer.