In the vast realm of medicine, surgical procedures stand as both beacons of hope and potential sources of apprehension for patients. While countless successful surgeries transform lives every day, errors—though rare—can carry dire consequences. If you suspect a surgical error has affected you or a loved one, understanding your rights and options becomes imperative. Contact a dedicated Rochester surgical error lawyer from Lacy Katzen LLP for assistance today.
Surgical Error Lawyer | Fighting for the Justice You Deserve
After a surgical error of any kind, the path to recovery—both physical and legal—can be long. But with the right information and support, justice is within reach. Don’t suffer in silence; if you suspect a surgical error, reach out to a seasoned Rochester medical malpractice lawyer from our legal team for help.
Common Surgical Errors
Surgical errors can come in all forms, but some of the most common are as follows:
- Wrong-site Surgery: One of the most glaring errors, this involves surgery performed on the incorrect body part.
- Wrong-patient Surgery: Another grievous mistake, where a procedure intended for one patient is performed on another.
- Foreign Objects Left Behind: Surgical instruments, sponges, or other materials mistakenly left inside a patient post-operation.
- Anesthesia Errors: Incorrect dosages or types of anesthesia can lead to patient awareness during surgery or post-operative complications.
- Nerve Damage: Unintended nicking or severing of nerves can cause temporary or permanent complications.
- Perforation or Injury: Inadvertent damage to organs or tissues, often unrecognized until post-operative symptoms emerge.
- Incorrect Surgical Procedure: The wrong type of operation is conducted on a patient.
- Post-operative Infections: Often due to unsterilized equipment or poor post-operative care.
- Complications from Implants or Transplants: Rejection or malfunction of transplanted organs or surgical implants.
- Failure in Monitoring: Post-surgical monitoring lapses that lead to complications like blood clots or internal bleeding.
Complications Stemming from Surgical Errors
The aftermath of a surgical error can manifest in various ways. Immediate complications might include severe pain, infections, or internal bleeding. Long-term effects can range from physical impairments, to prolonged medical treatments, and even psychological trauma. Some errors might necessitate corrective surgeries, escalating the emotional and financial burdens on the victim.
Establishing a Valid Medical Malpractice Claim
Not every surgical error leads to a viable medical malpractice claim. To establish validity in New York, you’d need to demonstrate:
- Doctor-Patient Relationship: Confirmation of a professional relationship where you sought advice, and the doctor agreed to treat.
- Provable Negligence: The surgical error wasn’t just an unfortunate outcome but a result of negligence—meaning a competent surgeon wouldn’t have made the same mistake under identical circumstances.
- Direct Harm from Negligence: Establishing a direct link between the surgical error and your harm, be it physical, emotional, or financial.
New York’s Statute of Limitations for Medical Malpractice
In New York, the clock on the statute of limitations for medical malpractice claims typically starts ticking from the date of the alleged error. Victims generally have 2.5 years to file a lawsuit. However, certain exceptions exist. Consult with a Rochester surgical error lawyer promptly after suspecting an error to ensure you don’t miss crucial deadlines.
Why Seek Legal Counsel?
Beyond the evident pursuit of justice and compensation, legal action serves a broader purpose. It underscores the importance of meticulous care in surgeries, holding professionals accountable and, hopefully, deterring future errors. Furthermore, it can shine a spotlight on recurring issues, prompting systemic changes in surgical practices and protocols.
Contact a New York Surgical Error Lawyer Today
The journey following a surgical error can be tumultuous, filled with questions, anxieties, and the quest for justice. For Rochester residents, knowing there’s a dedicated attorney ready to advocate for their rights can provide invaluable peace of mind. Contact Lacy Katzen LLP for a free consultation today.