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Surgical Malpractice

Surgical malpractice is a specific type of medical malpractice where a patient suffers an injury due to a surgical procedure that deviates from the accepted standard of care. While any surgery carries inherent risks, surgical malpractice occurs when a healthcare professional’s negligence or error leads to preventable injuries. At Michael LoGiudice, LLP, we understand the complexities of surgical malpractice cases and are committed to helping victims hold negligent parties accountable.

Hypothetical Scenarios of Surgical Malpractice

Surgical malpractice can occur in various forms. Some common examples include:

  • Wrong-Site Surgery: A patient is scheduled for knee surgery, but the surgeon mistakenly operates on the wrong leg. Despite protocols to prevent this, errors like these continue to happen and can lead to long-term disability.
  • Retained Surgical Instruments: After a routine abdominal surgery, a patient suffers ongoing pain and infection. An X-ray reveals that a surgical sponge was left inside the body, leading to severe complications and the need for additional surgery.
  • Anesthesia Errors: A patient undergoing a minor procedure suffers brain damage due to improper anesthesia administration, which deprived the brain of oxygen for an extended period.

These scenarios highlight surgical errors’ devastating impact on patients and their families. Victims of surgical malpractice in New York have the right to seek compensation for their injuries, medical expenses, lost wages, and pain and suffering.

New York Law and Surgical Malpractice

Under New York law, surgical malpractice falls under the broader category of medical malpractice, which requires proving that the medical professional deviated from the standard of care. The “standard of care” is defined as the level of care that a reasonably skilled and competent medical professional would have provided under similar circumstances.

To bring a successful surgical malpractice claim in New York, the following conditions must be satisfied:

  • Doctor-Patient Relationship: You must show that a formal relationship existed between you and the surgeon or medical professional responsible for your care. This is usually straightforward, as it involves proving that you were treated by the surgeon in question.
  • Deviation from Standard of Care: It must be demonstrated that the surgeon or medical professional deviated from the accepted standard of care. This often involves expert testimony from other medical professionals who can attest to the appropriate procedures that should have been followed.
  • Injury Caused by Negligence: The injury or complication you experienced must be directly linked to the surgeon’s negligence. It’s not enough that a surgery didn’t go as planned—there must be evidence that the surgeon’s actions or inactions caused the injury.
  • Damages: You must prove that you suffered measurable damages, such as physical pain, additional medical costs, or lost income, as a direct result of the malpractice.

The statute of limitations for filing a medical malpractice lawsuit in New York is two and a half years from the date of the malpractice. However, there are some exceptions, such as cases involving retained surgical instruments, which may allow for more time to file.

Who Can Be Held Liable?

Several parties may be held liable in a surgical malpractice case, depending on the circumstances:

  • The Surgeon: If a surgeon makes a critical error during the procedure, such as operating on the wrong body part or causing unintended damage to organs or tissues, they may be held liable for malpractice.
  • Anesthesiologist: Errors related to anesthesia can cause serious harm, such as brain damage or death. If an anesthesiologist fails to monitor a patient properly or administers the wrong dosage, they may be liable.
  • Surgical Assistants: In some cases, surgical assistants or nurses may be responsible for errors during surgery, such as failing to account for all surgical tools or improperly handling medical equipment.
  • The Hospital: In some cases, the hospital itself may be liable if systemic issues such as inadequate staffing, poorly maintained equipment, or failure to enforce proper safety protocols contributed to the malpractice. The hospital can also be held responsible for the actions of its employees, including nurses and surgical staff.

Each case is unique, and depending on the specific facts of the surgery and the error that occurred, liability may involve one or more parties.

Seek Justice for Surgical Malpractice

Surgical malpractice can have life-altering consequences, but victims have the legal right to hold negligent medical professionals accountable. Understanding the elements of a surgical malpractice case, including who can be held liable and what conditions must be met, is crucial in pursuing a claim. Michael LoGiudice, LLP is dedicated to helping victims navigate the legal process and secure the compensation they deserve. Contact us today to start your journey to recovery.

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