Surgical Errors
Request a Free Case Evaluation
Surgical Error Lawyer in Queens, NY
The law firm you hire will play an important role in the results you get.
Patients typically sign documents prior to surgery in which they acknowledge the risks involved. However, this does not preclude individuals from seeking compensation when surgical errors occur. If a patient is injured or dies as a direct result of a surgical error, the victim or the victim’s family may be able to recover compensation through a medical malpractice lawsuit.
At Mallilo & Grossman Attorneys at Law, we provide accomplished and experienced legal representation in cases involving surgical errors or any other instances of medical malpractice. We are the largest medical malpractice and personal injury law firm in Queens and Brooklyn, and we represent clients throughout greater New York City.
When is Surgical Error Malpractice?
Because all invasive surgery comes with inherent risks, it can be difficult for patients who are injured to know when to file a lawsuit. Doctors and nurses are required to provide the utmost care to each patient. If a doctor or nurse deviates from standard procedure and a patient is injured as a result, the individual or the hospital may be held liable. Examples of surgical errors include:
- Operating on the wrong body part
- Performing unnecessary surgery
- Negligent use of surgical tools
- Leaving surgical tools, sponges or other foreign instruments in a patient
- Negligent sanitary conditions during surgery that causes infection
- Failure to fully understand a patient’s medical history and unique risks
Common Causes of Surgical Errors
Understanding the root causes of surgical errors is crucial in building a strong legal case. Factors contributing to these errors may include communication breakdowns among medical staff, inadequate preoperative planning, fatigue, lack of proper training, and equipment malfunctions. Identifying the specific cause is essential for establishing negligence and liability.
What Damages Can Be Recovered?
The injuries that result from surgical errors can be serious and permanent, or even fatal. As with any personal injury or medical malpractice lawsuit, an injured party can seek compensation for:
- Current and future medical bills related to the damage resulting from the negligence
- Short-term and long-term rehabilitation
- Cost of transportation to medical providers
- Lost wages
- Lost future earning power
- Pain and suffering
- Costs of disability, whether permanent or temporary
- Costs of tasks performed at home that were previously performed by the injured party
- Loss of consortium
- Loss of enjoyment of life
Surgical Errors: Get Answers To Your Questions
How can I prove surgical malpractice?
Proving surgical malpractice requires a thorough investigation and legal expertise. Our team at Mallilo & Grossman Attorneys at Law has the experience needed to gather evidence, consult with medical experts, and build a compelling case. Establishing that the healthcare professional breached the standard of care and that the breach directly caused harm is key in proving surgical malpractice.
Who can file a legal claim after suffering an infection due to surgical negligence?
Anyone who has suffered an infection as a result of surgical negligence can file a legal claim. This includes the patient directly affected or their family members if the patient is unable to do so.
Can I sue a hospital for surgical errors in NYC?
Yes, hospitals can be held liable for surgical errors. If the error occurred within a hospital in NYC, our legal team at Mallilo & Grossman Attorneys at Law can assess the circumstances and guide you on the appropriate legal steps to take.
Contact Mallilo & Grossman Attorneys at Law Today to Get Justice
If you or a loved one is suffering from surgical complications that could have been avoided, contact us today to schedule a free consultation. We will answer your questions, provide a candid assessment of your case and recommend an effective course of action.
It is important to act promptly in these cases and to avoid communicating with the hospital, doctor or any insurance representatives for these parties before you enlist the services of a medical malpractice lawyer. Once you enlist our services, we will communicate with these parties on your behalf.