Your Legal Options After Surgical Errors

Surgical errors can cause life-altering consequences, including serious health complications, emotional trauma, and financial strain. If you or a loved one has experienced harm due to a preventable mistake during surgery, you may want to pursue a medical malpractice claim.

Below,  the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo discuss your legal options after surgical errors.

Surgical Errors and Their Impact  

Surgical errors are preventable mistakes that occur before, during, or after surgery. These mistakes can have far-reaching consequences that extend beyond immediate medical complications. Beyond the physical harm, an individual’s quality of life can be deeply affected by medical professionals who overlook the details and put patients at risk.

Some of the most common types of surgical errors include:

Wrong-site surgery: Operating on the incorrect body part.

Retained surgical instruments: Leaving tools or sponges inside the patient.

Anesthesia errors: Administering incorrect dosages or failing to monitor the patient.

Post-surgical infections: Resulting from improper sterilization or poor aftercare instructions.

Nerve damage: Caused by surgical techniques or mishandling of equipment.

Not every bad surgical outcome is malpractice but one of the deciding factors is whether the surgeon or medical team failed to meet the accepted standard of care. Consulting a skilled surgical errors attorney can help clarify whether you have a viable case for a medical malpractice lawsuit.

When to File a Medical Malpractice Claim

The old adage that timing is of the essence rings especially true in medical malpractice cases. In NYC, most claims must be filed within 30 months from the date of the alleged malpractice or the end of continuous treatment. Certain exceptions apply to this statute of limitations, such as cases involving foreign objects left inside the body, where the timeline begins upon discovery. 

Compensation in these cases often includes reimbursement for medical expenses, lost income due to an inability to work, and damages for pain and suffering. In severe cases involving reckless negligence, punitive damages may also be awarded. The best time to pursue a case is as soon as possible but a knowledgeable attorney can help you determine whether you have a viable case early in the process so that your claim is filed within the required timeframe.

Building a Strong Medical Malpractice Claim  

Certain legal elements must be proven to pursue a successful medical malpractice claim in NYC. You must establish that a doctor-patient relationship existed, meaning the surgeon owed you a duty of care. It must also be shown that the surgeon’s actions breached the accepted standard of care, causing harm that directly resulted in damages. 

From there, an experienced attorney will gather strong evidence, such as detailed medical records, expert testimony, and witness statements. Medical malpractice lawyers in NYC also collaborate with medical experts to review the circumstances of your surgery and confirm whether negligence occurred  to put together your case.  

The aftermath of a medical error can feel overwhelming, but you don’t have to face it alone. A lawyer who has successfully handled surgical error cases will know how to maximize your compensation while alleviating much of the stress associated with the legal process. Reach out to our surgical errors attorneys today to better understand your options for legal action today. 

Contact an Experienced NYC Medical Malpractice Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.