Can I Sue for a Surgical Error in New York City?

doctor performing surgery

When we see a surgeon to remedy a pressing medical issue, we expect that surgeon to adequately approach our case and provide us with the same standard of care that they would expect if it were the other way around. Unfortunately, this doesn’t always happen, and in some cases, surgeons will injure their patients as a result of a surgical error. If you were recently harmed as a result of a surgical error and are now seeking financial compensation, you should read on and reach out to a seasoned New York City surgical errors attorney to learn more about how our firm can help. Here are some of the questions you may have:

What qualifies as a surgical error?

There is a wide range of behaviors and actions that may constitute a surgical error. Just some of the most common examples of surgical errors that our firm sees are as follows:

  • Making errors with anesthesia administration
  • Wrong-site surgerey
  • Performing unnecessary surgery
  • Performing the wrong type of surgery
  • Leaving surgical instruments in a patient’s body
  • Making incisions incorrectly, or making an incision on the wrong area
  • Puncturing or lacerating a patient’s organs
  • Performing surgery too late
  • Complications arising during surgery, or failing to adequately tend to certain complications

Do I have a valid lawsuit?

To win a medical malpractice case of any kind, you’ll have to prove several things. They are as follows:

  • You were in the surgeon’s care, and the surgeon, therefore, owed you a duty of care.
  • The surgeon failed to live up to the standard of care by acting in a way that another reasonable physician would not have.
  • The breach of duty of care caused you to sustain serious injuries.
  • The injuries resulted in significant financial damages.

How long do I have to file a lawsuit?

Though the statute of limitations for most personal injury claims in New York City is three years, the statute of limitations is even shorter when it comes to medical malpractice claims. Those looking to sue for a surgical error will only have 2.5 years from the date the incident of malpractice occurred to take legal action against the surgeon who harmed them. Don’t make the mistake of waiting too long, for if you do, you’ll likely permanently lose your right to sue.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process.聽Contact聽us聽today.