If you or a loved one has been a victim of a surgical error, rest assured, we are here to assist you. Our team of experienced surgical error attorneys has been serving medical malpractice victims across New York for three generations, offering compassionate support and legal expertise to help navigate through the complexities of your case.
At the forefront of our services is a commitment to understanding and addressing the unique challenges posed by surgical errors. Whether it’s evaluating the circumstances of your case, identifying responsible parties, or gathering evidence to build a strong claim, our skilled attorneys are dedicated to securing justice for you and your family.
With our extensive experience and deep understanding of New York medical malpractice laws, we are well equipped to handle a wide range of surgical error cases. From minor procedural mishaps to catastrophic outcomes, we are relentless advocates for our clients’ rights and strive to achieve the best possible outcomes for their cases.
Contact us today for a free consultation with a New York surgical errors attorney to discuss your case and explore your legal options. We are committed to providing personalized attention and aggressive representation to help you pursue the compensation you deserve for your losses and suffering.
In This Article:
- New York Surgical Errors Attorney
- Common Types of Surgery Errors
- How Common Are Medical Malpractice Surgical “Errors”?
- Who Is Responsible for Surgeries Gone Bad?
- What Evidence Do I Need to Produce?
- Were You or Your Loved One Hurt by a Surgical Error?
New York Surgical Errors Attorney
Entrusting one to surgery entails placing immense trust in medical professionals and institutions. Whether undergoing a routine procedure or a complex operation, patients and their loved ones rely heavily on the skill and competence of surgeons and hospitals. However, when this trust is breached due to medical negligence, resulting in injury or harm due to a surgical error, it is imperative to seek appropriate recourse.
At the Jacob Fuchs erg Law Firm, we are committed to taking decisive action in such cases. With decades of experience, we have steadfastly championed the rights of patients who have suffered injuries due to lapses in medical care. If your family has been affected by a surgical mishap, we stand ready to provide the necessary support and legal representation to seek justice on your behalf.
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Common Types of Surgery Errors
Medical malpractice manifests in various forms and can be committed by different healthcare providers. Essentially, medical malpractice refers to instances where doctors, nurses, anesthesiologists, ambulance attendants, surgeons, or other medical professionals make errors due to negligent behavior or practices. Surgical errors, in particular, can result in profound harm as patients undergo surgery-expecting improvement but leave in a worsened state, and in severe cases, it can lead to fatalities.
Regrettably, surgical malpractice cases are alarmingly common in the United States, occurring thousands of times annually. Healthcare practitioners may be deemed negligent, careless, or disregarding if another provider with similar levels of education, experience, and skill would not have made the same mistake.
Some of the most typical surgery malpractice cases involve the following:
- Avoidable delays in performing surgery
- Damaging a part of the body where the surgeon did not perform surgery
- Discharging a patient to go home too soon after surgery
- Failing to check on the patient’s well-being immediately following surgery and not performing regular follow-up
- Not considering the patient’s medical history or moving forward with the surgery without a specific plan in place
- Performing surgery that is not medically necessary
- Using surgical instruments that have not been properly sterilized
While the above are significant surgical mistakes, these errors can produce even more serious complications for the patient:
- Leaving surgical instruments inside a patient’s body, such as clamps, gauze, sponges, retractors, or tubes, is a serious occurrence. This oversight can occur when a surgeon rushes through a procedure and neglects to conduct a thorough check of the surgical site before closing it with stitches or sutures. The presence of a retained surgical instrument can lead to severe complications ranging from infections to organ failure, posing significant risks to the patient’s health.
- Performing surgery on the wrong patient, or body part, or conducting an incorrect procedure are all grave instances of malpractice in surgical settings. Despite stringent protocols in hospitals to prevent such errors, they still occur due to lapses in surgeon attention. Such mistakes can have dire consequences, including severe or fatal outcomes for the patients involved.
- Similarly, the unnecessary removal of an organ, whether due to perceived proactive measures or recklessness, is a concerning occurrence. Patients affected by such incidents have the legal right to seek recourse by engaging a surgical error lawyer to pursue a medical malpractice claim against the responsible surgeon.
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How Common Are Medical Malpractice Surgical “Errors”?
- In 2012, Johns Hopkins University conducted a medical research study, revealing alarming statistics. Surgeons leave foreign instruments inside patients’ bodies, operate on the wrong side, or perform entirely incorrect surgeries approximately 1,200 times annually. Over a 20-year period from 1990 to 2010, around 80,000 serious surgical errors were recorded, with one-third resulting in permanent patient disfigurement or injury, and over 6.5 percent leading to patient fatalities.
- These errors not only inflict medical harm and death but also incur significant financial costs. Over the same two-decade span, insurance companies and hospitals paid out over $1.3 billion to settle surgical malpractice claims. Considering inflation and escalating healthcare expenses, this figure would likely be higher today. If you have been affected by a surgeon’s serious mistake, a surgical error attorney can guide you through the process of pursuing a medical malpractice lawsuit and seeking appropriate recourse.
Who Is Responsible for Surgeries Gone Bad?
In the wake of a serious surgical error, you may encounter attempts by those responsible to dissuade you from seeking legal recourse, citing signed consent forms as a barrier. Whether it is the surgeon, hospital administrator, or insurance company, they might imply that signing the form absolves them of negligence. However, signing a consent form does not grant carte blanche for negligent behavior.
Healthcare providers are obligated to uphold a standard of care when treating patients. Any deviation from this standard by a surgeon or other personnel constitutes negligence. Despite efforts to dissuade you, a breach of the standard of care empowers you to pursue legal action against the responsible parties, including surgeons, doctors, hospitals, or others proven to have contributed to your injuries resulting from the surgical error.
What Evidence Do I Need to Produce?
It is important to understand that the burden of proof lies on you as the person filing a surgery malpractice lawsuit to demonstrate a direct relationship between the actions or inaction of the defendant and the injuries you suffered. Although medical malpractice cases are often challenging to prove, those involving surgical mistakes are typically more obvious.
You should be prepared to explain or prove the following at a minimum:
- The specific type of medical malpractice you suffered;
- The actions of the surgeon or other medical providers that caused your injuries; and
- The specific injuries you suffered due to the actions of the defendant(s) in your lawsuit
Filing a medical malpractice lawsuit aims to secure the financial compensation necessary to address the injuries and associated challenges resulting from a surgical error. This compensation encompasses various aspects, including covering the costs of additional medical care, compensating for lost wages, accounting for any loss of future earning potential, and addressing future medical expenses. Furthermore, it extends to non-monetary losses such as pain and suffering, emotional distress, and the impact on one’s ability to engage in previously enjoyed activities. While monetary compensation cannot erase the surgical error or restore one’s previous quality of life, it can facilitate the pursuit of the best possible life under the new circumstances.
Were You or Your Loved One Hurt by a Surgical Error?
If you or your loved one has been injured during a medical procedure, seeking legal advice regarding your entitlement to compensation is prudent. Numerous medical malpractice claims pursue compensation for various damages, including pain and suffering, lost past and future income, wrongful death, and other profound impacts. These damages could have been preventable had the physician and hospital exercised thoroughness and caution. Therefore, exploring your legal options is crucial to addressing the repercussions of such medical errors effectively.
Our attorneys provide compassionate advocacy and decisive representation with regard to:
- Colorectal and gallbladder surgeries
- Abdominal surgical errors
- Cardiac surgeries
- Infections and sepsis leading to amputations
- Surgeries mistakenly performed on the wrong part of the body
- Carelessness in leaving instruments, equipment, sponges, or other objects in surgical sites
- Failure to diagnose
- Anesthesia errors
Why Choose The William Pager Law Firm?
For over 23 years, The William Pager Law Firm has distinguished itself through a steadfast commitment to actively listen to and thoroughly understand the experiences of our clients. Our dedication to aggressively seeking just and appropriate compensation for those injured in New York is unwavering.
- Empathetic Listening: We prioritize your recovery, ensuring empathetic listening and maintaining clear, consistent communication to effectively advocate on your behalf.
- Pressure Alleviation: Trust us to lift the burden off your shoulders. We meticulously gather every detail of your case and skillfully negotiate with insurance companies, so you can focus on healing.
- Strategic Advocacy: Our approach to your case and representation is never casual but always intentional and strategic, tailored to meet your needs through our extensive experience.
- Unyielding Commitment: Our drive doesn’t fade with fatigue; we persevere until we achieve the desired outcome.
Concentrate on your recovery; let The William Pager Law Firm handle the rest, ensuring your voice is heard and your rights are protected.