When surgery doesn’t go as planned, the consequences can be devastating. If you or a loved one has been harmed by a medical professional’s mistake in the operating room, you deserve answers and justice.
New York Surgical Error Negligence Attorney stands ready to fight for fair compensation. Surgical procedures require skill and precision, but when a healthcare provider’s negligence leads to injury, the repercussions can alter your life permanently.
Our team supports you in holding the wrongdoers accountable. With over four decades of hard-fought advocacy for victims throughout Brooklyn, Queens, and nearby counties, we know how to secure compensation for those harmed by carelessness in operating rooms.
Whether your case involves a surgical error that led to infection, organ damage, or lifelong disability, we are here for you every step of the way.
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Table of Contents
- What Are Surgical Errors?
- How Do Surgical Errors Happen?
- Who Is Liable for Surgical Mistakes?
- What to Do While Healing from Surgical Errors
- Potential Damages You May Be Entitled To
- Why People Across NYC Choose Us to Protect Their Rights
- Frequently Asked Questions About Surgical Error Cases
- Fight Back Against Negligence in New York
- Contact New York’s Trusted Surgical Error Lawyers Today
What Are Surgical Errors?
Surgical procedures, as delicate as they are, must follow strict protocols to ensure patient safety. However, preventable mistakes still occur. These are not merely unforeseen outcomes.
A surgical error results from negligence and can cause unnecessary harm. Common errors in New York hospitals and surgical facilities include:
- Wrong-site surgery, where the wrong body part is operated on
- Performing the wrong procedure
- Leaving foreign objects like sponges or surgical tools inside the patient
- Errors in administering anesthesia that cause severe complications or fatalities
- Nerve damage during surgery
- Perforation or injury to internal organs
- Failure to properly monitor or account for surgical instruments
These errors are often a direct result of someone failing to exercise the necessary care. Lives are upended because of breaches in safety and protocol. If this has happened to you, New York law allows you to seek justice. Our firm is ready to help you make your voice heard.
How Do Surgical Errors Happen?
Operating rooms should be controlled environments, but human error and institutional failures still lead to catastrophic mistakes.
Some common causes of surgical errors include:
- Fatigue or overwork among surgeons or support staff
- Lack of proper training or experience
- Poor communication and coordination among medical team members
- Failure to properly review patient medical history or surgical plans
- Shortcuts taken in processes meant to safeguard patient safety
While these mistakes are preventable, the carelessness that leads to them leaves patients facing physical pain, emotional distress, and financial uncertainty. Hospitals, surgeons, and other parties must be held responsible for their actions or inactions.
If a medical provider’s negligence disrupted your life, you need a legal team that will uncover the truth and demand accountability.
Who Is Liable for Surgical Mistakes?
Determining who is responsible for a surgical error is often complex, as multiple parties may share liability.
Possible defendants in these cases include:
- Surgeons and medical team leaders involved in the procedure
- The hospital or surgical facility, particularly if the environment lacked necessary resources or safety protocols
- Nurses and operating room assistants who mishandle instruments or fail to provide proper support
- Anesthesiologists if errors occur during the administration or monitoring of anesthesia
- Device or equipment manufacturers, if faulty tools caused or contributed to the injury
Uncovering the full scope of liability requires an experienced legal team capable of detailed investigations. With our resources and dedication, we’ll help build a strong case to support your claim.
What to Do While Healing from Surgical Errors
Recovering from a surgical error requires not only medical care but also careful documentation and planning to protect your legal rights. While you focus on your health, consider the following steps to improve your chances of securing justice:
- Pursue Follow-Up Medical Care:
Seek medical treatments to address the harm caused by the error, whether that involves corrective procedures, therapies, or ongoing monitoring by specialists. - Gather Relevant Records:
Collect all documentation tied to the surgery, including hospital discharge papers, surgical reports, and any resulting diagnostic tests or imaging. - Keep a Journal of Changes:
Record how the error has affected your daily life, including physical pain, emotional challenges, and limitations on your activities. This information strengthens your case for pain and suffering damages. - Track Additional Costs:
Save receipts and invoices for out-of-pocket expenses, such as additional treatments, mobility aids, or transportation associated with medical appointments. - Connect with a Surgical Error Attorney:
The sooner you connect with a legal professional, the better. Surgical error claims are time-sensitive due to filing deadlines outlined in New York laws.
Taking these actions allows you to prioritize your healing and legal options while we fight to secure the compensation you deserve.
Potential Damages You May Be Entitled To
Victims of surgical errors are often entitled to financial compensation to address the significant burdens they experience.
Depending on your case, you could recover:
- Medical Costs: This includes both the immediate costs of additional care as well as future expenses for rehabilitation, surgery, or long-term support.
- Loss of Income: Compensation for missed wages while recovering and diminished earning capacity if the injury prevents you from earning a similar income.
- Pain and Suffering: Payment for the physical and emotional toll caused by your injury and its aftermath.
- Funeral or Burial Costs for Wrongful Death Cases: If your loved one died as a result of a surgical error, you and your family may seek compensation for funeral costs and loss of household support.
Your injuries and losses shouldn’t have to go unanswered. We’ll work diligently to secure the maximum compensation you’re owed.
Why People Across NYC Choose Us to Protect Their Rights
When it comes to fighting for victims of surgical negligence, our firm has a reputation for success. Here’s why people across New York City, Westchester, Nassau, Suffolk, and beyond have turned to us for legal representation:
- A History of Results: We’ve recovered over $1 billion in settlements and verdicts for those wronged by negligence. Our results speak volumes about our ability to fight for fair compensation.
- Peer-Recognized Excellence: Our attorneys are listed among Super Lawyers®, Best Lawyers®, and other honors that recognize our strong track record and dedication to justice.
- Compassionate Support: We treat every client as more than just a case number. Your story and recovery are important to us, and we’ll handle every aspect of your claim with the care it deserves.
- A Team With Resources: Medical malpractice cases require substantial resources to investigate claims and bring them to resolution. From hiring medical experts to fighting powerful insurance companies, we’re prepared on every front.
When you work with our firm, you gain legal representation that prioritizes your future, taking every step necessary to provide the justice and resolution you deserve.
Frequently Asked Questions About Surgical Error Cases
1. What qualifies as medical negligence during surgery?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This could involve preventable mistakes such as incorrect procedures, lack of communication, or ignoring safety protocols during surgery.
2. How long do I have to file a surgical error lawsuit in New York?
New York’s statute of limitations for medical malpractice cases is generally two years and six months from the date of the surgical error. However, exceptions may apply, such as when the negligence was discovered later or involves a foreign object left inside the body.
3. Can I sue for pain and suffering caused by a surgical error?
Yes, in a surgical error claim, you may seek compensation for pain and suffering. This includes the physical pain and emotional distress caused by the negligence and its impact on your quality of life.
4. Is consent to surgery a defense against medical negligence?
Consent forms signed before surgery outline potential risks but do not absolve healthcare providers of responsibility for preventable mistakes. Negligence that goes beyond the inherent risks of the procedure can still be grounds for a lawsuit, despite signed consent.
5. What types of evidence are needed to prove a surgical error case?
Evidence typically includes medical records, expert testimony from other medical professionals, surgical reports, statements from witnesses, and records of the harm and damages you’ve suffered as a result of the error.
6. Will my case go to trial, or can it be settled out of court?
Many surgical error cases are settled out of court through negotiation. However, if a fair settlement cannot be reached, our team is prepared to take your case to trial to pursue the justice you deserve.
7. Can surgical errors cause long-term complications?
Yes, surgical errors can result in lasting damage, such as chronic pain, loss of mobility, nerve damage, infections, or conditions requiring additional surgeries. These complications can significantly affect your daily life and future health.
8. Does New York law limit the amount I can recover in a surgical error case?
New York does not cap damages for medical malpractice cases, allowing you to seek fair compensation for both economic (medical bills, lost wages) and non-economic (pain and suffering) damages.
9. What if the surgeon was employed by a government hospital?
If the surgical error occurred in a government-owned hospital, such as a VA facility, specific rules and shorter timelines may apply under the Federal Tort Claims Act (FTCA). It’s essential to consult an attorney immediately in these cases.
10. Can I still file a claim if the surgical error occurred years ago?
It depends. If you discovered the error later (such as through ongoing symptoms or medical imaging), New York law may allow cases to proceed under the "discovery rule."
Contact an attorney to review your situation and determine your legal options.
For more personalized guidance, reach out to our team today to schedule a free consultation and discuss your case.
Fight Back Against Negligence in New York
If you or a loved one suffers because of surgical negligence, the life you had before the mistake was made might feel out of reach. But you don’t have to accept these consequences without action.
Our firm is ready to help you build your case, demand justice, and reclaim the stability you deserve. Surgical error cases require exceptional attention to detail, deep knowledge of state and local laws, and a determined approach to standing up to medical institutions.
We bring all of that and more to every client we represent. It’s time to take the first step toward justice. Contact our team today to discuss your options and start your legal claim.
The sooner you act, the stronger your chances of securing the compensation you are owed.
Contact New York’s Trusted Surgical Error Lawyers Today
We’ve stood by individuals and families harmed by medical negligence for decades, winning them financial recoveries that provide not just compensation but also peace of mind.
Call us at (212) 406-1700, our Bronx office at (718) 892-0400, or use our website’s contact form to schedule a free consultation. Your voice matters, your pain deserves acknowledgment, and your rights are worth defending.
Queller, Fisher, Washor, Fuchs & Kool - New York Office
233 Broadway #1800,
New York, NY 10279
Ph: (212) 406-1700