Surgical Errors in Pittsburgh: A Malpractice Lawyer Explains Your Rights
By Ben Gobel on July 8, 2026
If you or someone you love suffered harm during or after a surgical procedure, you may have a right to compensation. Surgical errors and informed consent violations are among the most serious forms of medical malpractice in Pennsylvania, and victims in the Pittsburgh area have legal options worth understanding before they make any decisions.
What Is a Surgical Error, and When Does It Become Malpractice?
Not every bad surgical outcome is malpractice. Surgery carries real risks, and complications can happen even when a surgeon does everything right. The legal question is whether the surgeon, hospital, or care team acted the way a reasonably skilled medical professional would have in the same situation.
A surgical error may rise to the level of medical malpractice when:
- The wrong procedure was performed on a patient
- Surgery was performed on the wrong body part or wrong side of the body
- A surgical instrument or foreign object was left inside the body after the procedure
- Anesthesia was administered incorrectly, causing injury or loss of oxygen
- Post-operative care was negligent, leading to infection, blood clots, or other harm
If any of these situations apply to you, speaking with a Pittsburgh surgical error lawyer is a reasonable first step.
What Is Informed Consent, and How Can It Be Violated?
Before any surgical procedure, your doctor is legally required to explain the risks, benefits, and alternatives so you can make a real choice. This is called informed consent, and it is not just a form you sign in a waiting room. It is a protected legal right.
In Pennsylvania, informed consent violations may occur when:
- Risks were not disclosed that a reasonable patient would have wanted to know about
- The procedure performed was different from what the patient agreed to
- The patient was not told about alternatives, including non-surgical options
- Consent was obtained under pressure or when the patient lacked capacity to decide
Pennsylvania law outlines what surgeons and medical providers must disclose before performing a procedure. When those standards are not met, and the patient is harmed as a result, a medical malpractice claim may be possible.
Pennsylvania’s Statute of Limitations for Surgical Malpractice Claims
Time matters in these cases. Pennsylvania generally gives injured patients two years from the date they knew or should have known about the harm to file a medical malpractice claim.
There are some exceptions worth knowing:
- The discovery rule may apply if the injury was not immediately apparent
- The minority tolling rule may extend the deadline for injured children
- Claims against certain government-operated hospitals may have different rules
Missing the filing deadline almost always means losing your right to recover anything, regardless of how serious the injury was. This is why reaching out to a Pittsburgh medical malpractice attorney as early as possible is so important.
Frequently Asked Questions About Informed Consent
What qualifies as a surgical error in Pennsylvania? A surgical error is generally any mistake made before, during, or after surgery that falls below the accepted standard of care. This can include wrong-site surgery, operating errors, anesthesia mistakes, and failures in post-operative monitoring. Not every complication qualifies. Whether something rises to the level of malpractice usually depends on what a competent surgeon would have done in the same circumstances.
Can I sue a surgeon for not getting my informed consent? You may have a claim if your surgeon failed to tell you about known risks, performed a different procedure than you agreed to, or did not give you the information a reasonable person would need to make a decision. Harm must have resulted from the lack of disclosure. An attorney can help evaluate whether what happened in your case meets that standard.
What is the difference between a surgical complication and malpractice? A complication is a known risk that can occur even when the medical team does everything correctly. Malpractice involves a deviation from the standard of care, meaning something went wrong because of a mistake or failure, not simply because surgery is risky. The distinction is important and often requires review by a medical professional to sort out.
How long do I have to file a medical malpractice claim in Pittsburgh? In most cases, two years from when you knew or should have known about the injury. Waiting too long can permanently bar your claim. If you are unsure whether your window is still open, speaking with an attorney sooner rather than later is strongly advised.
Talk to Ogg, Murphy & Perkosky, P.C. About Your Case
Surgical errors and informed consent violations can change a person’s life in ways that are difficult to put into words. Medical bills, lost income, and long recovery periods are just part of what victims and their families face.
Ogg, Murphy & Perkosky, P.C. has been helping injured people in Pittsburgh and across Allegheny County for over 40 years. Our attorneys handle medical malpractice and personal injury cases with the care and attention these situations require. We are not a high-volume operation that moves cases out the door. We take the time to understand what happened to you.
If you believe you or a family member may have been harmed by a surgical error or a failure to obtain proper informed consent, we encourage you to reach out. There is no cost to speak with us.
Call (412) 471-8500