If you have been injured during a surgical procedure because a surgeon or another healthcare professional made a mistake, you likely deserve financial compensation. Surgical errors fall under the legal area of medical malpractice, and these claims are some of the most difficult and complex to file. Before filing a claim based on medical negligence, you should speak with a New York City surgical error lawyer. An attorney can advise you of your rights, reach out to their network of medical professionals, and prove your case so you obtain the full compensation that is justly yours.
Understanding Medical Malpractice and Surgical Errors
Medical malpractice occurs when healthcare providers fail to meet accepted standards of care while treating patients. Surgical malpractice represents a specific category where mistakes happen during operations. These surgical errors can cause serious harm, including permanent injury, organ failure, or even wrongful death.
Medical malpractice cases require proving that a healthcare provider’s negligence directly caused your injuries. Not every bad outcome means medical negligence occurred. However, when a medical professional makes a preventable mistake during surgery, you may have grounds for a medical malpractice claim.
New York medical malpractice law provides protection for patients harmed by surgical negligence. Understanding your rights helps you decide whether to pursue a medical malpractice lawsuit against those responsible for your injuries.
Common Types of Surgical Errors
Any surgery inherently involves some degree of risk. Still, there are some surgical mistakes that should never occur. These are appropriately known as ‘never events.’ Every year, surgeons and other medical professionals commit more than 4,000 never events. That is an alarming surgical error statistic. The most common of types of surgical errors that result in patient harm are as follows:
- Performing a procedure on the wrong patient
- Performing surgery on the wrong body part
- Leaving foreign objects such as scalpels, sponges, clamps, and other surgical instruments inside a patient’s body
- Anesthesia errors, such as failing to properly the patient’s vital signs during a procedure
- Unsanitary surgical tools
- Surgical errors that result in paralysis, nerve damage, or wrongful death
It is not always easy to determine when an unfavorable result of surgery was due to a mistake. A New York surgical error lawyer can advise on the facts of your case and determine who is responsible for your injuries.
Wrong Site Surgery and Patient Safety
Wrong body part surgery remains one of the most shocking types of surgical malpractice. Despite safety protocols, surgeons sometimes operate on the wrong body location, causing harm while leaving the actual problem untreated. These surgery errors violate basic patient safety standards.
Wrong surgery can happen when communication breaks down between surgical teams. A patient might consent to one medical procedure but receive a completely different operation. Consent forms should clearly document what surgical procedure will be performed and on which part of the body.
Operating on the wrong patient represents another preventable tragedy. Mix-ups in patient identification can lead to someone receiving surgery intended for another person. These mistakes show gross negligence and serious failures in patient safety protocols.
Foreign Objects Left Behind During Surgery
Leaving a foreign object inside a patient’s body is a clear sign that a surgical error occurred. Surgical instruments, sponges, needles, and other items are sometimes forgotten during operations. These retained objects can cause infections, pain, and require additional surgeries to remove.
Medical professionals should conduct counts of all surgical tools and materials before and after procedures. When these counts don’t match, teams should investigate before closing the incision. Failure to follow these safety steps shows medical negligence.
Anesthesia Errors and Complications
Anesthesia errors can cause devastating harm during surgical procedures. Too much anesthesia can lead to brain damage, anoxic brain injury, or death. Too little can cause patients to wake during surgery, experiencing physical pain and emotional distress.
Anesthesiologists must monitor patients throughout operations. They track vital signs and adjust medication as needed. Failing to properly monitor patients or respond to changes in their condition constitutes surgical malpractice.
What Forms of Negligence Result in Surgical Error Lawsuits?
There are many factors that contribute to surgical mistakes and ultimately, surgical error lawsuits. The most common of these are as follows:
- Distracted surgeons, nurses, and other medical professionals involved in the surgery
- Improper surgical training
- Rushed surgical procedures, which can result in reckless behavior
- Ineffective communication, either verbal or written
- Surgeons or members of the surgical team who are fatigued
The more complex a surgery is, the greater the likelihood that mistakes will happen. Still, surgeons are expected to have the knowledge and skill necessary to complete a surgery without causing the patient to suffer additional harm. Organ transplants, heart surgeries, laser or heat surgeries, and plastic surgeries are some of the most complex operations that provide a greater opportunity for a mistake to occur.
Lack of Proper Training and Communication Failures
Proper training is required for all surgical team members. When medical professionals lack adequate experience or skills for a particular surgical procedure, mistakes become more likely. Hospitals and surgical centers must ensure their staff can safely perform their duties.
Communication failures between surgical team members contribute to many surgery errors. When team members don’t clearly share information about the patient, the planned procedure, or potential complications, preventable mistakes can occur. The medical community has developed safety protocols to improve communication, but not all facilities consistently follow them.
Building a Medical Malpractice Claim
Filing a medical malpractice claim requires proving several elements. You must show that a doctor-patient relationship existed, that the medical provider breached the standard of care, that this breach caused your injuries, and that you suffered injuries resulting in damages.
A surgical error claim often requires testimony from medical experts who can explain how the care you received fell below accepted standards. These experts review your medical records and compare your treatment to what competent medical professionals would have done in similar circumstances.
New York medical malpractice lawyers understand how to build strong cases. They gather evidence, consult with experts, and develop strategies to prove that surgical negligence caused your harm.
Types of Compensation Available
Medical malpractice victims can recover various types of damages. Economic damages include medical bills for treatment of injuries caused by the error, lost wages from time off work, and future medical expenses for ongoing care. A surgical error often requires additional surgeries to correct the mistake.
Non-economic damages address physical pain, mental anguish, and emotional distress caused by the surgical error. These damages recognize how the injury has affected your quality of life and emotional well-being.
In cases involving particularly egregious conduct or gross negligence, courts may award punitive damages. These serve to punish the wrongdoer and deter similar behavior. Punitive damages are less common but can significantly increase total compensation.
Working with Medical Malpractice Attorneys
Medical malpractice attorneys provide important support for patients harmed by surgical errors. These cases require specific knowledge of both medical standards and New York law. New York medical malpractice attorneys understand how to handle the complexities involved.
A qualified attorney reviews your case during a free consultation to determine if you have grounds for a legal claim. Most surgical error attorneys offer a free case evaluation so you can understand your options without financial risk.
Legal representation typically works on contingency for medical malpractice cases. This means you pay no upfront legal fees. Your attorney only receives payment if they secure compensation on your behalf.
The Role of Insurance Companies
Insurance companies often defend medical malpractice lawsuits. They may try to minimize your injuries or argue the surgical error didn’t cause your harm. Having experienced medical malpractice lawyers on your side helps level the playing field against these well-funded insurance defense teams.
Negotiating fair compensation requires understanding the full value of your medical malpractice claim. Insurance companies may offer quick settlements that don’t fully cover your damages. Surgical error attorneys evaluate whether settlement offers truly reflect what you deserve.
Other Types of Medical Malpractice
Surgical malpractice represents just one category of medical malpractice. Birth injuries caused by obstetric errors can harm mothers and babies. Medication errors, misdiagnosis, and delayed diagnosis also fall under medical malpractice.
New York hospitals and medical facilities can be held liable when their systems and policies contribute to patient harm. Poor staffing, inadequate supervision, and failure to maintain equipment can all constitute medical negligence.
Understanding the full scope of medical malpractice helps you recognize when medical care falls below acceptable standards. Whether the error involved surgery or another type of treatment, you deserve answers and accountability.
Frequently Asked Questions About Surgical Error Cases
What qualifies as a surgical error?
A surgical error is a preventable mistake made during a surgical procedure. Common examples include operating on the wrong body part, performing the wrong surgery, leaving surgical instruments or other items inside a patient’s body, or making technical mistakes during the operation. Not every bad outcome qualifies as a surgical error. Complications can occur even with proper care. However, when a surgical error occurred due to medical negligence, you may have grounds for a medical malpractice lawsuit.
How do I know if I have a medical malpractice case?
You may have a medical malpractice case if a healthcare provider’s negligence caused you harm. This requires proving that the care you received fell below accepted medical standards and directly caused your injuries. Many surgical error cases involve clear mistakes like wrong-site surgery or retained foreign objects. Others require medical experts to review your case and determine if surgical negligence occurred. Contact New York surgical error attorneys for a free case evaluation to learn if your situation qualifies.
What is the time limit for filing a surgical malpractice claim in New York?
New York law sets specific time limits for filing medical malpractice claims. Generally, you have two and a half years from the date of the medical negligence or from the end of continuous treatment for the same condition. However, there are exceptions. If you didn’t immediately discover the surgical error occurred, different rules may apply. Because these deadlines are strict, contact a New York medical malpractice lawyer promptly to protect your rights.
How much compensation can I receive for a surgical error?
Compensation in surgical error cases varies based on the severity of your injuries and their impact on your life. You can recover medical bills, lost wages, and costs for future medical care. Non-economic damages address physical pain, emotional distress, and reduced quality of life. In cases involving gross negligence, punitive damages may also be available. A surgical error claim involving permanent injury, brain damage, or wrongful death typically results in higher compensation than cases with less severe harm.
What types of injuries can result from surgical errors?
Surgical errors can cause a wide range of injuries. These include infections from retained foreign objects, nerve damage from improper technique, organ failure from mistakes during the procedure, anoxic brain injury from anesthesia errors, and wrongful death in the most tragic cases. Some patients experience permanent injury affecting their ability to work or enjoy daily activities. The specific injuries depend on what surgical error occurred and which wrong body part or organ was affected.
Do I need a lawyer for a surgical malpractice case?
While not legally required, working with experienced medical malpractice attorneys significantly improves your chances of success. Surgical malpractice cases are complex. They require understanding both medicine and law, gathering extensive evidence, consulting with medical experts, and dealing with insurance companies. A New York City surgical error lawyer provides the legal assistance needed to build a strong case and secure compensation. Most surgical error attorneys offer a free consultation, so there’s no risk in discussing your case.
Can I sue if the hospital or surgical center was at fault?
Yes, hospitals and surgical centers can be held liable for surgical negligence. Facilities are responsible for credentialing medical professionals, maintaining proper equipment, ensuring adequate staffing, and creating systems that promote patient safety. When institutional failures contribute to surgery errors, the facility may be named in a medical malpractice lawsuit alongside individual healthcare providers. A law firm experienced in surgical malpractice cases understands how to hold all responsible parties accountable.
What if my loved one died due to a surgical error?
If a surgical error caused a wrongful death, family members can file a legal claim for damages. Wrongful death cases in New York allow recovery of funeral expenses, lost wages the deceased would have earned, loss of companionship, and other damages. These cases are emotionally difficult and legally complex. Medical malpractice lawyers who handle wrongful death claims provide compassionate support while fighting for fair compensation on behalf of your family.
How long does a surgical malpractice lawsuit take?
The timeline for medical malpractice cases varies. Some cases settle within months through negotiations with insurance companies. Others require filing a medical malpractice lawsuit and can take one to three years or longer. Complex surgical error cases involving serious injuries like brain damage or permanent injury typically take longer to resolve. Your New York medical malpractice attorneys will work to resolve your case as efficiently as possible while ensuring you receive full and fair compensation.
What should I do after discovering a surgical error?
First, seek immediate medical care to address any complications from the surgical error. Document everything, including symptoms, conversations with medical professionals, and copies of medical records. Don’t sign any documents from the hospital or insurance companies without consulting an attorney. Contact surgical error attorneys for a free consultation as soon as possible. Early legal representation helps preserve evidence and protect your rights while you focus on recovery.
Our Surgical Error Lawyers in New York Can Help with Your Case
Surgery is always a scary prospect. Often, all patients have is the presumption that their surgeon will perform their job diligently and without causing them harm. Unfortunately, this does not always happen. If you have been harmed by medical negligence, our New York surgical error lawyers at Poltielov Law Firm P.C. can provide the sound legal advice you need to obtain the full and fair settlement that is justly yours. Call us now or reach out to us online to schedule a consultation with one of our experienced attorneys and to learn more about your legal options.
Our law firm has extensive experience handling surgical malpractice cases throughout New York City, Nassau County, and the surrounding areas. We understand the medical community standards and work with respected medical experts to build strong cases for our clients. Whether you suffered injuries from wrong site surgery, retained surgical tools, anesthesia errors, or other surgical mistakes, we’re here to help.
We offer a free consultation to review your personal injury case and explain your legal options. Our team handles medical malpractice cases on a contingency basis, meaning you pay no legal fees unless we secure compensation for you. Contact us today to discuss your surgical error claim with a qualified attorney who will fight for the financial compensation you deserve.