Can I File a Lawsuit for a Surgical Error?

doctors performing surgery

Understandably, you may feel nervous when you are about to enter surgery. But overall, you should rest assured knowing that your surgeon is competent and able to perform the surgery with care. It is unacceptable for anything less than satisfactory to occur. So if you are suffering from a surgical error or complication that you believe could have been easily preventable, continue reading to learn how an experienced New York City surgical errors attorney at Mark L. Bodner, P.C., can help you in executing a lawsuit.

What types of surgical errors and complications constitute a lawsuit?

Surgical errors and complications can mean a wide variety of things, whether it be an incorrect incision or an incorrect anesthesia dosage, among other things. With that, there are many different injuries and damages that can result. Examples include, but are not limited to, the following:

  • Excessive bleeding or blood clots.
  • Post-surgical infections or septic shock.
  • Physical deformity.
  • Cardiovascular problems.
  • Delayed healing.
  • Severe brain damage, nerve damage, organ damage, etc.
  • Long-term coma.
  • Permanent paralysis.
  • Post-traumatic stress disorder or other psychological and emotional problems.
  • Death.

And sometimes, these injuries and damages are not immediately obvious, but they pop up in the weeks and months post-operative. They are all the more serious, and examples of such include the following:

  • A hemorrhage, thromboembolism, atrial fibrillation, Deep Vein Thrombosis, etc.
  • Respiratory complications like pneumonia.
  • Urinary problems like renal failure.
  • Excessive pain.
  • Disordered healing.
  • Severe infections.
  • Adverse drug events.

What steps should I take toward my surgical error claim?

After you suffer from a surgical error or complication, your life will likely never be the same. Unfortunately, you may have to figure out how to live once you lose your wages, or even once you have a permanent disability, chronic pain and suffering, a shorter lifespan, or otherwise. With this, you must fight to recover your damages.

That said, when filing your medical malpractice claim, you must satisfy the burden of proof. This means that you must have enough evidence that confirms that you were indeed your surgeon’s patient and that they thus owed you a duty of care. You must also have enough evidence that proves that your surgeon breached their duty of care and you received injuries and damages as a result. And lastly, you must be able to bring all this evidence forward before the statute of limitation, which, in New York, is 2.5 years from the date of your accident.

With all that stated, you cannot stand idly by when such injustice was wrongfully brought upon you. This is why hiring a skilled New York City medical malpractice attorney is so important. We will help you in fulfilling your burden of proof and much more. Give us a call today.