What To Do Immediately After A Surgical Error

Undergoing any surgery can be a stressful experience to go through. You trust your surgeon and medical provider to ensure everything goes smoothly. Despite this, surgical errors are more common than you realize. According to the National Library of Medicine, over 4,000 surgical procedures go wrong in the US every year. If you were a victim of a surgical error, know that you have options to file a medical malpractice claim and seek justice for any damages.

Consequences Of Surgical Errors

Receiving news about a wrong surgical procedure can be devastating, especially when it leads to long-term consequences. In a surgical malpractice lawsuit, a patient may seek damages for:

  • Physical disfigurement
  • Damage to your organs or nervous system
  • Emotional pain and suffering
  • Permanent disabilities as a result of the procedure
  • Internal bleeding
  • Ongoing rehabilitation and corrective surgeries to reverse the damage

Depending on how severe the surgical error is, you may need to have permanent medical care. Consult with your medical provider to better assess the severity of your injuries before you file your claim.

Most Common Surgical Errors That Lead To Lawsuits

While each surgical malpractice case is unique, there are a few surgical errors that occur more often than others:

Wrong-Site Surgery

Wrong-site surgeries are when a procedure happens on the wrong side, body part, or even patient. It’s one of the most common surgical errors, with roughly 40 wrong-site surgeries happening in the US weekly. Even if the surgeon is mainly responsible for the outcome, such mistakes can also occur due to medication errors, operation room distractions, or other hospital negligence.

Poor Monitoring

Potential surgical errors don’t end in the operation room. Hospital staff has specific procedures they need to follow, including monitoring the patient’s health before, during, and after the operation to ensure they’re in good health. Failure to do so can result in potentially life-threatening consequences for the patient, including surgical wound infections and other unexpected complications.

Botched Plastic Surgery

Cosmetic surgery complications can happen at any point during or after the procedure. Your health insurance doesn’t cover most of them unless they’re medically necessary. Most cosmetic surgeries are subject to different regulations, allowing a number of unqualified specialists to perform them without proper training. A botched plastic surgery could cause lifelong physical disfigurement, scarring, or infections if your doctor doesn’t handle it properly.

How Long Do You Have To File A Malpractice Lawsuit In New York?

In New York, you have 30 months from the incident to file a medical malpractice claim for most cases, and minors have until they reach adulthood. The state also has a “discovery rule” that gives you up to a year to file if doctors find a foreign object in your body due to a surgical error. You won’t be allowed to file a lawsuit after the statute of limitation expires, so we recommend doing it as early as possible.

Our Attorneys Can Help You Seek Justice

Surgical errors are rare. But when they happen, the effects can devastate victims, and many experience lifelong suffering as a result. If you’ve sustained an injury or permanent damage as a result of a surgical error, our medical malpractice attorneys will ensure that you receive fair compensation.

Our team of nationally recognized lawyers at Edelman, Krasin & Jaye, PLLC have helped our clients win their surgical malpractice cases for over six decades. If you want to schedule a free consultation or have any questions about your case, please get in touch with our Westbury, New York office by using our online intake form or calling us at 866-506-3694.