Individuals who have suffered an injury due to a botched surgery can face many hardships. Surgical malpractice may cause patients to suffer serious injuries and may be fatal in some cases. In addition to physical hardships, botched surgeries can force injured patients to suffer numerous financial difficulties. Surgical malpractice can cause patients to suffer lost wages, high medical bills not covered by insurance, and lasting pain and suffering. As a result, victims of medical malpractice may be able to file a lawsuit against the doctor who performed their surgery. Patients who have been injured during surgery should not hesitate to contact a New York surgical malpractice attorney. At, Queller, Fisher, Washor, Fuchs & Kool, L.L.P., we understand how difficult the period of time following a surgery-related injury can be. We are committed to helping get our clients' lives back on track. As a result, we pursue maximum compensation for all of our clients.
If you or someone you love has suffered an injury during surgery, you may be entitled to compensation. For afree consultation, please call 212.406.1700 or contact us online. We take all cases on a contingency fee basis, meaning if we accept your case, there is no fee unless we recover damages.
We can assist you with the following types of surgical error cases:
- Gastric Bypass
- Surgical complications failure to manage
- Laceration bleeding
- Aneurysm dissection
Individuals who have suffered an injury due to a botched surgery may be able to file a lawsuit against the doctor who performed the surgery. In order to have a valid claim, however, the patient must be able to prove the following:
A Standard of Care Existed: "Standard of care" refers to the legal obligation that an individual or entity has to take reasonable care to avoid a foreseeable injury. When performing surgery, the operating doctor has a duty to perform up to the accepted standard of care of the medical community.
The Physician Breached Their Duty of Care: When a doctor fails to adhere to the accepted standard of care, they have acted negligently. A surgeon leaving a tool inside a patient's body would be an example of a breach in duty of care.
The Doctor's Negligence was the Direct Cause of the Injury: In order to have a valid claim, the physician's negligence must have been the direct cause of the patient's injury. In other words, a patient can be injured during surgery, but they only have a valid lawsuit if the physician's negligence was the reason the injury occurred.
The Patient's Injury Must Have Caused Damages: Patients must have suffered either economic or non-economic damages to have a valid medical malpractice lawsuit. Lost wages, damage to future earning potential, and high medical bills can all be considered economic damages. Non-economic damages include but are not limited to lasting pain and suffering, loss of life's enjoyment, and emotional trauma.Injured Patients Should Not Hesitate to Contact a New York Medical Malpractice Lawyer
Patients who have suffered an injury due to surgical malpractice should speak to a lawyer immediately to avoid conflict with the statute of limitations. The statute of limitations is a law that specifies the amount of time a victim has to file a lawsuit after an injury. The failure to bring a lawsuit in a timely manner can forever bar injured patients from receiving the compensation they may deserve. At Queller, Fisher, Washor, Fuchs & Kool our medical malpractice attorneys are aware of the statute of limitations for all forms of medical malpractice. We will evaluate and file all of our clients' claims in a timely manner.
Have you or someone you love suffered an injury or died due to a botched surgery? If so, you may be able to file a medical malpractice lawsuit. To see how the attorneys at Queller, Fisher, Washor, Fuchs & Kool, may be able to assist you, call us 212.406.1700 or contact us online. All consultations are free of charge.