Pittsburgh
Surgical Error Lawyer

Patients place their trust in surgeons and medical teams to perform procedures safely and with the highest standard of care. When that trust is broken by a preventable surgical mistake, the consequences can affect every aspect of your life.

If you were harmed by a surgical error, a Pittsburgh surgical error lawyer at Ogg, Murphy & Perkosky, P.C., can help you understand your legal options and pursue the compensation you deserve.

Call Our Attorneys: (412) 471-8500

Who Can Be Held Responsible for a Surgical Mistake

An operation is a team effort, before, during, and after. When that teamwork breaks down, one person may be responsible. Sometimes several are.

  • The surgeon: A surgeon may be responsible for operating on the wrong body part, doing the wrong procedure, cutting an organ, nerve, or blood vessel, or making technical mistakes a careful surgeon would not make.
  • The anesthesia team: An anesthesiologist or nurse anesthetist may be responsible for giving the wrong dose, failing to watch the patient during the operation, or mishandling the breathing tube.
  • The surgical team and the hospital: A sponge or tool left inside a patient, a bad instrument count, unsterile equipment, or careless monitoring in recovery usually points to problems the hospital has to answer for.
  • More than one party: Many surgical injuries come from several failures at once. Tracing each one back to the person or the hospital behind it is part of building the case.

Surgical Mistake or Known Risk? How the Law Tells Them Apart

Not every bad outcome is malpractice. Surgery carries real risk, and the consent form you signed lists many things that can go wrong even when the care is good. The law asks a narrower question: did your injury come from a risk built into the procedure, or from care that fell below the accepted standard?

Some mistakes are not really a debate. Operating on the wrong body part or leaving an object inside a patient are known as never events. They are considered so basic that they should not happen at all. Other injuries are less clear and take a careful read of the surgical records to sort out.

What We Look For in the Surgical Record

Every surgical case has the same problem at its center. The patient was asleep and cannot say what went wrong.

The story has to be pieced together from operative reports, anesthesia records, instrument counts, lab findings, and scans taken afterward.

All of it was written by the same providers whose work is now in question.

Our attorneys work to answer:

  • What actually happened in the operating room, in the paperwork and in the physical evidence
  • Whether the injury points to a mistake or to a known risk of the procedure
  • Whether your consent form truly described the procedure and its risks
  • Whether warning signs after surgery were noticed and acted on
  • Which team members, and which hospital or practice, are responsible

Files get archived and memories fade. Reaching out sooner gives us more to work with.

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Pennsylvania Rules That Affect a Surgical Claim

A handful of state rules shape every surgical case. These are the ones that touch you most directly.

  • You generally have two years to sue: 42 Pa. C.S. § 5524 gives most patients two years from the date of the injury. When the harm stays hidden, as with a tool discovered long afterward, a principle called the discovery rule can start that clock later.
  • An outside professional has to vouch for the claim: Pennsylvania Rule of Civil Procedure 1042.3 calls for a certificate of merit. That is a signed document in which a licensed professional states the treatment did not meet accepted standards. Courts generally expect it within 60 days after the complaint is filed.
  • Informed consent is its own claim: Under the MCARE Act at 40 P.S. § 1303.504, a surgeon must explain the procedure, its risks, and the alternatives before operating. A procedure done without that conversation may support a separate claim, even if the surgery itself was done well.
  • MCARE governs how the case proceeds: The Medical Care Availability and Reduction of Error Act, found at 40 P.S. § 1303.101 and following, is the statute that structures malpractice suits in this state. Among other things, it decides which physicians are qualified to give an opinion about surgical care.
  • There is no ceiling on most compensation: Article III, Section 18 of the Pennsylvania Constitution stops lawmakers from capping compensatory damages, meaning there is no fixed limit on payment for your bills, lost income, or suffering. A separate rule at 40 P.S. § 1303.505 does restrict punitive damages.

How We Build Your Surgical Error Claim

Because the record belongs to the other side, these cases call for patience and a close read.

Here is how we approach them:

  • Step 1: Learn what happened – We start with the surgery and what followed, identify everyone involved, and explain your options in a free case review.
  • Step 2: Gather the full surgical file – Operative reports, anesthesia records, instrument counts, lab findings, and recovery notes carry the story. We obtain the complete file, not the summary version.
  • Step 3: Bring in qualified surgeons – Surgeons and anesthesiologists in the same field review the file and assess whether the care met the standard and how the failure caused your injury.
  • Step 4: Take on the defense – Surgeons, hospitals, and insurers fight these claims hard, often recasting a mistake as an unavoidable complication. We carry that argument so you do not have to.
  • Step 5: Seek what you may be owed – Corrective surgery, medical bills, lost wages, reduced earning ability, and pain and suffering may all be part of a claim, resolved by settlement or, if needed, at trial.
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Surgical Cases We Handle

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Surgical errors can happen at any stage of a procedure, from preparation and anesthesia to the operation and recovery.

Common examples include:

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Why Choose Us For Your Surgical Error Claim

Surgical error cases often involve complex medical records, multiple healthcare providers, and questions about whether the accepted standard of care was followed before, during, or after a procedure.

Building a strong claim requires a thorough investigation, careful analysis of the evidence, and qualified medical professionals who can identify where negligence occurred.

At Ogg, Murphy & Perkosky, P.C., we are committed to helping surgical error victims throughout Pittsburgh and Western Pennsylvania hold negligent healthcare providers accountable. Our attorneys will guide you through every stage of the legal process while fighting for the compensation you deserve.

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“

I highly recommend Mike Murphy and John Perkosky. They kept us informed every step of the way. Both are incredibly caring and were readily available to answer any questions we had. I felt completely confident in their abilities and am extremely grateful for all that they did. Mike and John fought hard to get us the best possible outcome for our case.

– Cheryl G.
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The best firm in the city, and I'm not just saying that because of my name! Their level of legal knowledge here is unparalleled. Whether it's a personal injury or medical malpractice case, this firm is equipped to handle even the most complex matters. Their track record truly speaks for itself!

– Brandon O.
“

This Law Firm has a very unique way of handling your case. They strive to maximize your settlement, and I appreciate their hard work and professionalism.

– Tyler B.
“

I had such a great experience working with attorney Ben Gobel. His expertise and professionalism was evident throughout my case. He truly worked hard to bring me the best results. I highly recommend Ben for any personal injury issues.

– Ronald L.
“

Attorney Ben Gobel was fantastic. He was accessible and spent a lot of time reviewing my case with me, providing me with all of my options, possible outcomes and his recommendations. I had many questions and he answered every one of them thoroughly. Ultimately, I felt heard and had a better than anticipated outcome to my case!

– Erin O.

Frequently Asked Questions About Pittsburgh Surgical Error Claims

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This is the central question in most surgical cases, and answering it usually takes a qualified surgeon reading the operative records, scans, and lab results. Some mistakes, like a retained object or wrong-site surgery, speak for themselves. Others take a closer look.

No. A consent form acknowledges the known risks of a procedure done properly. It does not sign away your right to competent care, and it does not protect a provider from responsibility for a mistake.

Objects left behind and internal injuries sometimes surface long after surgery. Pennsylvania’s discovery rule may extend the filing deadline when the injury could not reasonably have been found sooner.

Often, yes. Hospitals may be responsible for their staff’s mistakes, for team failures such as a wrong instrument count, and for weak policies or supervision.

Yes. 42 Pa. C.S. § 5524 sets a two-year window in most situations, and the discovery rule can shift the starting point when a mistake surfaces later. Reaching out well before that window closes gives us room to collect records while they are still easy to obtain.

Surgical claims are taken on contingency. Nothing is paid up front, and no attorney fee is owed unless money is recovered for you.

Contact Our Pittsburgh Surgical Error Attorneys Today

A preventable surgical error can leave you facing additional procedures, prolonged recovery, and lasting physical and emotional harm. Our attorneys can investigate what happened, work with qualified medical experts, and pursue the compensation you deserve for injuries caused by surgical negligence.

Contact us today at (412) 471-8500 for a free case evaluation. You pay no attorney fees unless we recover compensation for you.

Call (412) 471-8500 today for a free case evaluation.

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    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.

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