Can I File a Medical Malpractice Claim Against My Surgeon?

doctor performing surgery

Going into surgery requires full trust in your surgeon. Unfortunately, not all surgeons are deserving of this trust. There are circumstances that surgery does not go as planned due to the surgeon’s negligence. If you have sustained injuries due to a surgeon’s negligence, you may be seeking to recover compensation by filing a medical malpractice claim. To learn more about how to discover if you have a valid medical malpractice claim, continue reading.

For assistance with your upcoming claim, do not hesitate to reach out to our experienced New York medical malpractice firm who can assist you with the legal process ahead.

What are the most common types of surgical errors?

There are various types of surgical errors and negligence that may lead to a medical malpractice claim against the surgeon. The most common types of surgical errors include the following:

  • Anesthesia errors
  • Puncturing or lacerating an organ
  • Leaving surgical instruments in a patient鈥檚 body
  • Operating on the wrong body part
  • Inaccurate incisions
  • Performing the wrong operation
  • Delayed corrective surgery

What can happen when a surgeon makes an error during surgery?

There are various injuries that can arise due to surgical errors and the negligence of a surgeon. The most common injuries and complications that were the result of errors in surgery include the following:

  • Psychological and emotional problems
  • Nerve damage
  • Post-surgical infections
  • Slowed healing
  • Post-traumatic stress disorder
  • Hemorrhaging
  • Cardiovascular complications
  • Blood clots
  • Septic shock
  • Brain trauma
  • Paralysis
  • Coma
  • Death

How can I know if I have a valid medical malpractice claim against my surgeon?

To discover if you have a valid medical malpractice claim against your surgeon, you will first have to retain the services of an attorney who has experience handling such claims. Your attorney will work to prove that you were the surgeon’s patient and that they owed you a duty of care. Next, you and your attorney will work to prove that your surgeon breached the duty of care, resulting in your damages. If this can be proven, you likely have a valid medical malpractice claim.

When taking legal action, it is important that you do so within 2.5 years from the date of your accident to abide by New York’s statute of limitations. To get started as soon as possible, reach out to our firm today. We are prepared to fight for your right to compensation.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.