Can I Take Legal Action Against a Surgeon for Medical Malpractice?

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Facing surgery can be extremely frightening. Going under the knife requires full trust in your surgeon. Unfortunately, there are circumstances that surgery does not go as planned as a result of a surgeon’s negligence. If you were harmed in surgery due to a surgeon’s negligence, you may be eligible for compensation in a medical malpractice case. Medical malpractice cases require extensive knowledge and skill by the right attorney who will put your best interest first.

Do not hesitate to reach out to our New York City medical malpractice attorney to learn more about how our firm can assist your upcoming legal process. We are here to help. Continue reading to discover the most common types of surgical errors, what can happen when a medical professional makes an error during surgery, and how to know if you have a valid medical malpractice claim.

What are the most common types of surgical errors?

The most common types of surgical errors and negligence include the following:

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

What can happen when a medical professional makes an error in surgery?

When a medical professional makes an error in surgery, it is possible to cause serious, life-altering injuries. Some of the most common injuries and complications that were results of errors in surgery are as follows:

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

How do I know if I can sue my surgeon for medical malpractice?

In order to take legal action against your surgeon for medical malpractice, you will first have to retain the services of an experienced attorney who will prove that you were the surgeon’s patient and that they owed you a duty of care. From there, you and your attorney will then prove that your surgeon breached the duty of care which resulted in your damages. In order to avoid being barred from suing, you must take legal action within 2.5 years from the date of your accident to abide by New York’s statute of limitations. To begin this process today, our firm is prepared to recover the compensation you require to heal. Give our firm a call today to discuss our services.


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.