When patients undergo surgery, they expect their surgeons, anesthesiologists, nurses, and other medical professionals to provide them with competent medical treatment. When surgical errors occur in the operating room, patients have a right to hold the responsible party or parties accountable for their injuries.
If you or your loved one have suffered from a surgical error in New York, the attorneys at CDH Law are here to help. Our surgical error attorneys have represented multiple medical malpractice victims throughout New York for decades. You only have a limited amount of time to pursue a medical malpractice claim in New York, so the sooner you reach out to an experienced attorney, the sooner we can begin building your case.
Pursuing Compensation For Surgical Errors
Undergoing surgery requires patience to place a high level of trust in their surgeons. Patients and their family members rely on the competence of their surgeons, nurses, hospital staff, and the hospital administration. Doctors owe their patients a duty of care, whether undergoing surgery for a minor procedure or a major operation. When medical professionals violate their duty of care because of medical negligence and a patient becomes injured due to a surgical error, patients have the right to pursue a medical malpractice lawsuit.
Who Is Liable for Surgical Errors?
Several different parties may be at fault for surgical errors. If the surgeon’s error caused the patient to become injured, the patient can pursue a claim against the surgeon directly. If a hospital or clinic employed the surgeon, the patient may be able to recover compensation from the hospital or clinic if their negligence contributed to the surgical error. Many surgeons are not employees of the hospitals at which they conduct surgery. However, most surgeons are required to carry significant amounts of liability insurance.
The attorneys at CDH Law will carefully review the facts of your case and determine which party or parties are liable. We will create a strategic plan for recovering the most compensation possible in your case.
Common Types of Surgical Errors in New York
Medical malpractice occurs when a doctor, nurse, surgeon, ambulance attendant, or other medical professional makes an error due to negligent practices or behavior. Surgical errors are among the most common types of medical malpractice, but they can also be the most devastating. When surgical errors occur, patients can check into the hospital for surgery but leave the hospital in worse condition. In severe cases of surgical errors, the patients suffer fatal injuries.
Unfortunately, surgical errors happen thousands of times yearly in the United States. Healthcare practitioners may be guilty of carelessness, negligence, disregard, or even recklessness. Medical professionals are considered negligent when they make an error that another medical provider with the same experience, education, and skill would not have made. Some of the most common types of surgical errors that cause patients to become seriously injured include the following:
- Damaging a part of the patient’s body that a surgeon didn’t intend to perform surgery on
- Avoidable delays in performing a patient’s surgery
- Failure to thoroughly consider the patient’s medical history before the surgery
- Moving forward with the surgery without a specific treatment plan in place
- Recommending and performing surgery that isn’t medically required
- Using unsterilized surgical instruments
- Discharging a patient too quickly after he or she has had surgery
Leaving a Foreign Instrument Inside the Patient’s Body
The object can quickly become infected when surgeons leave a foreign instrument inside the patient’s body, such as gauze, sponges, retractors, clamps, or tubes. It’s common practice for surgeons to carefully count all the instruments they’ve used in surgery to identify missing instruments before they close the patient up and complete the surgery.
When a surgeon fails to remember to check the surgical site before suturing it up or rushes through the surgery without counting their instruments, the retained instrument can cause infection or organ failure. When the infection isn’t treated quickly, the patient could suffer fatal symptoms.
Operating on the Wrong Side of the Patient
Surprisingly, surgeons continue to operate on the wrong side of patient’s bodies or even on the wrong patient. In some cases, surgeons even perform the wrong surgery. Although clinics and hospitals have implemented strict protocols to prevent these dangerous errors, they still occur when surgeons aren’t paying attention to their patients.
When a patient receives the wrong type of surgery, he or she could suffer severe or even fatal consequences. The patient could suffer injuries on the part of his or her body that didn’t need surgery while the medically indicated area continues to worsen.
Proving Liability in Cases Involving Surgical Errors
In medical malpractice cases, the burden is on the patient to prove that the at-fault medical professional’s negligence caused his or her injuries. Surgical error cases can be complex and may require a lengthy discovery process, during which both sides gather evidence in the form of medical records, expert testimony, depositions, and other important documents. If a medical professional has injured you, you must reach out to an attorney as soon as possible. The surgeon or hospital insurance providers will begin investigating the case quickly so they can attempt to avoid paying you a fair settlement amount.
CDH Law has the resources and experience to investigate your case immediately. We will gather evidence showing the specific type of medical malpractice you suffered. We will also find evidence that the surgeon’s or other medical providers’ actions caused your injuries. We will also gather evidence showing that the medical professional’s negligence caused the specific injuries you’ve suffered. Finally, we will work with financial and medical experts to show the full extent of your injuries to pursue the most compensation possible.
Discuss Your Case with a Surgical Error Attorney in New York
If you or your loved one have become injured because of a surgical error, don’t hesitate to reach out to the experienced attorneys at CDH Law. We will listen carefully to the facts of your case, answer any questions you have, and help you understand your legal options. We have a proven track record of holding negligent parties accountable for causing patients additional harm. Contact the New York medical malpractice attorneys at CDH Law to schedule a complimentary case evaluation.
Carden Dotzler Hammond, PLLC represents clients in Central New York, Syracuse, Monroe County, Jefferson County, Oswego County, Ontario County, and Onondaga County, including the towns and villages of Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Liverpool, North Syracuse, and Solvay.