Philadelphia, PA personal injury attorney Leon Aussprung M.D., ESQ. talks about how he determines whether surgical malpractice occurred. He points out that surgical malpractice is particularly challenging because only the operating surgeon actually witnesses what occurs in the operating room. The surgeon documents the procedure in an operative note, which becomes part of the patient’s record. However, these notes are typically dictated immediately after surgery and rarely, if ever, acknowledge mistakes. Instead, they often use standardized language that omits any admission of error.

Because of this, proving negligence through depositions alone is difficult, as surgeons almost always deny wrongdoing. Success in these cases often depends on the involvement of highly experienced physicians who understand where errors typically occur and who can review postoperative care. Frequently, malpractice is revealed not by the operative note itself, but through subsequent treatment—such as when another physician reoperates or carefully examines the records to identify the mistake.