A surgical error is an unintended injury that is not a common risk of surgery. If you or a loved one has been impacted by a medical mistake, a New York City surgical error lawyer can help you understand your legal options.
Surgical errors typically occur when medical personnel do not follow the set protocol for the surgery they are performing. In some cases, their failure to follow the set procedure can result in a patient’s death. Other patients may experience dramatic, life-changing complications that require future medical treatments or cause a disability.
If you or a family member is experiencing issues after your surgery or are a victim of surgical malpractice, consult with our NYC surgical error lawyer at the Law Offices of Steve Newman to learn whether your special circumstances qualify for a claim. Continue reading to learn more about the causes of errors, their impact on patients, and how to file a surgical error compensation claim.
Examples of Surgical Errors in New York City
A doctor may have committed an error if the patient exhibits issues not normally associated with the procedure and the post-surgery healing process. Surgical errors can take many forms, including:
- Infection;
- Scarring and disfigurement;
- Amputation;
- Nerve damage;
- Brain or organ damage;
- Hemorrhage;
- Paralysis;
- Operating on the wrong body part;
- Operating on the wrong patient;
- Performing the wrong surgery on a patient;
- Leaving surgical tools or instruments inside a patient; and
- Anesthesia errors, such as administering the wrong dose or failing to notice complications.
Discussing the specifics of your case with the Law Offices of Steve Newman can help you decide if you should file a claim for compensation.
How Often Do Surgical Errors Happen?
One would hope that the medical advances over the past 100 years would result in fewer errors. Unfortunately, the lack of national reporting requirements and extreme performance demands placed on surgeons contribute to a higher rate of errors. It is estimated that 1.2 million patients in the United States are harmed by doctor’s errors every year.
Why Do Surgical Errors Occur and How Can a Lawyer Help?
In an effort to improve patient safety, medical institutions and regulators perform surprise inspections at hospitals and outpatient surgery centers. However, the wide array of underlying causes of surgical errors makes it challenging for these institutions and regulators to create and implement effective policies. At the end of the day, surgeons are humans who can make mistakes. There are a variety of reasons a doctor may make an error:
- Lack of skill or experience. The surgeon may be at the start of their career and may lack the refined skills of a senior surgeon. If you are not experiencing an emergency, always ask your surgeon about their qualifications.
- Poor pre-surgery planning. The surgeon or staff could have missed critical information in your medical records, lab results, x-rays, or scans. As a result, the operating room may not have been properly set up with the correct equipment for the surgery, affecting the medical provider’s ability to manage complications that occurred.
- Failure to follow procedures. Surgeons work long hours and are often short on time. Omitting seemingly small steps in the preparation process or surgery can lead to objects being left in patients or important medical information being overlooked.
- Communication issues. There should be clear communication between a surgeon, staff, and patient both before the scheduled date and immediately before the procedure. Patients should feel comfortable asking doctors questions about their surgery, risks, and recovery process.
- Fatigue. Emergency and trauma surgeons work long, unpredictable hours, and fatigue is a common issue for them. Research and studies have repeatedly shown that mistakes are more likely if the doctor is sleep-deprived.
- Alcohol or drug impairment. Surgeons are not immune to substance abuse issues and may use drugs and alcohol to manage stress or stay awake. If they operate while under the influence, their actions can cause a patient lasting harm.
- Negligence. Your surgeon may make a careless mistake because they were hasty while performing your procedure or did not take appropriate precautions.
The Law Offices of Steve Newman can talk to you about whether a surgery error compensation claim is right for your specific situation.
Who Can I File a Surgical Error Claim Against in New York?
Depending on the facts of your situation, you may be able to recover damages from:
- The surgeon who performed the operation,
- The hospital or outpatient surgery center where your operation occurred, and
- The nurses or other personnel who assisted with your procedure.
An experienced surgical error lawyer can help you identify all individuals who may share responsibility for the medical negligence.
Compensation for a Surgical Error in New York City
A surgeon’s error can result in longer hospital stays, additional medical expenses, and missed work. A surgical error attorney in New York will evaluate your financial and emotional damages and fight for full compensation. People who have suffered injuries due to an error also have high rates of complications, including death. All the financial pressure and uncertainty can lead to emotional strain for a patient and their family. You may be able to collect several types of compensation for your injuries.
Noneconomic Damages
Patients are awarded noneconomic damages to compensate them for losses and harm that are not related to a specific expense in the patient’s life. These damages address things like a patient’s pain and suffering, disfigurement, decreased joy in life, and lost opportunities.
Economic Damages
Economic damages are intended to reimburse patients for calculable expenses they incurred as a result of the error. Patients are awarded these damages for things like lost wages and medical expenses for hospital stays, doctor’s visits, physical therapy, and in-home medical equipment.
Punitive Damages
In extremely rare cases, the court may award punitive damages as a punishment to the defendant. To issue this type of damage, the facts of the case must show the surgeon intended to injure the patient or they acted with extreme indifference while performing the surgery.
Call for a Free Consultation with a New York City Surgical Error Attorney
With over 31 years of medical malpractice experience, Steve Newman is a competent and confident New York surgical error attorney. The Law Offices of Steve Newman works personally with each client and their family throughout the claims process. Steve uses his elite skills to guide clients through the intricate web of laws and court rules. Call today for a free consultation. Our toll free number is 800-690-9880.