Undergoing surgery requires a high level of trust. Patients and their families rely on the competence of their surgeons and hospitals, whether it is for a minor procedure or a major operation. When that trust is violated due to medical negligence, and someone is injured as the result of a surgical error, appropriate action should be taken.
At the Jacob Fuchsberg Law Firm, we take action. For decades, we have advocated for the rights of patients who were injured because their medical providers did not adhere to established standards of care. We can help you if your family has been harmed by a surgical mishap.
Medical malpractice can occur in a variety of ways and by several different types of providers. A basic definition of medical malpractice is when a doctor, nurse, anesthesiologist, ambulance attendant, surgeon, or other medical professional makes an error due to negligent behavior or practices. Surgical errors can be among the most devastating of injuries because a patient checks into the hospital for surgery and leaves in worse condition. The most serious surgery errors can even cause death.
Unfortunately, malpractice cases involving surgery occur thousands of times a year in the United States. A healthcare practitioner may be guilty of negligence, disregard, or carelessness if another provider with the approximately same level of education, experience, and skill would not have made the same error.
Some of the most typical surgery malpractice cases involve the following:
While the above are significant surgical mistakes, these errors can produce even more serious complications for the patient:
In 2012, Johns Hopkins University conducted a medical research study that yielded some drastic results. Approximately 1,200 times a year, surgeons leave a foreign instrument inside of a patient’s body, operate on the wrong side of the body, or perform the wrong surgery entirely. Of the approximately 80,000 serious surgical errors that occurred in the 20-year span between 1990 and 2010, one-third resulted in disfigurement or permanent injury to the patient and just over 6.5 percent caused the death of a patient.
These errors not only cause medical harm and death, but they also cost a significant amount of money as well. During the same 20-year period, insurance companies and hospitals paid out over 1.3 billion dollars to settle surgical malpractice claims. The rate would only be higher today due to typical inflation as well as staggering increases in healthcare costs. If a surgeon has made a serious mistake that has forever impacted your life, a surgical error attorney can help you determine the steps you need to take to move forward with a medical malpractice lawsuit.
While you are struggling with the aftermath of a serious surgery mistake and considering a surgical malpractice lawsuit, those who failed you may try to tell you that you have no legal right to do so because you signed consent forms before surgery. This could be anyone from the surgeon to a hospital administrator to the insurance company that pays medical malpractice claims for the hospital. They may hope this will intimidate you into staying quiet, but the truth is that signing a surgical consent form does not mean that the surgeon has free reign to act in a negligent manner.
Surgeons and all other healthcare personnel must treat patients while adhering to an acceptable standard of care. A surgeon who is reckless or negligent instead violates this care standard. Contrary to what others trying to protect their financial interest may tell you, a standard of care violation does give you the right to file a surgical accidents lawsuit against the surgeon, doctor, hospital, or whoever else you can prove caused or contributed to the injuries you sustained due to the surgery error.
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:
It is not always easy to gather this evidence and argue it in a compelling way on your own. A New York medical malpractice attorney with experience in surgical errors cases can help you accomplish both of these tasks.
The purpose of filing a medical malpractice lawsuit is to obtain the financial compensation you need to manage the injuries and other complications caused by a surgical error. This can include payment for the additional medical care you required, lost wages, loss of future earning capacity if applicable, and future medical expenses. It can also compensate you for non-monetary losses such as pain and suffering, emotional distress, and the inability to enjoy activities you enjoy due to your injuries. While money cannot undo the surgical error and return you to your previous quality of life, it can help you live the best life you can with your new circumstances.
If you or your loved one were hurt during a medical procedure, it is wise to seek legal advice concerning your right to compensation. Many medical malpractice claims seek compensation for pain and suffering, lost past and future income, wrongful death, and other life-changing damages — damages that could have been avoided had the physician and hospital been thorough and careful.
Our attorneys provide compassionate advocacy and decisive representation with regard to:
Our surgical error attorneys handle cases in New York City and all of New York State, Connecticut, and New Jersey. Contact us to schedule your free consultation to discuss your concerns by calling 212-869-3500. We charge no fees until we recover compensation for your family.
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