Philadelphia, PA personal injury attorney Leon Aussprung M.D., ESQ. talks about how he determines whether surgical malpractice occurred. Surgical malpractice presents a challenging landscape, as only one person—the surgeon—witnesses the events during an operation. The surgeon documents the procedure in an operative note, which is included in the patient’s medical record. This note is dictated immediately following the surgery. Because the surgeon is the sole observer, errors are seldom recorded in the operative note, which often employs standard language that does not acknowledge any mistakes. This lack of documentation can make it difficult to prove malpractice.

In depositions, surgeons typically deny any negligence. Therefore, it is essential to engage experienced medical professionals who are knowledgeable about common error areas in surgery. A comprehensive examination of postoperative care is also vital, as another physician may need to reassess the case to conduct further surgery or analyze medical records to pinpoint the error. As a result, establishing proof of surgical malpractice frequently depends more on the subsequent treatment than on the initial surgery itself.