Can You Sue for an Elective Surgery Mistake?

The decision about whether to have elective surgery may not be one of life or death.  You are likely choosing elective surgery because it will improve your quality of life, not because you are seeking to save your life.

However, when it comes to medical malpractice, that distinction is not important.  A surgeon performing elective surgery is required to exercise a reasonable degree of care just like a surgeon performing emergency surgery. You have the right to provide your informed consent to the operation and with that you accept that certain things may go wrong that are outside the control of the surgeon.  Yet, if the surgeon completing your elective surgery is negligent and causes you physical harm then you have the same right to file a Pennsylvania medical malpractice lawsuit as you would if the surgery had been done to save your life.

You may choose to have elective surgery but you may not choose to be the victim of medical malpractice.