Does a Surgical Error Constitute a Lawsuit?

doctor performing surgery

You might have been briefed on the risks of your surgical procedure in the appointments leading up to it. But there is a difference between experiencing complications because of your age and medical history versus incurring injuries and damages because of your surgeon’s carelessness. The latter might just be considered medical malpractice. Read on to discover whether your surgical error might constitute a lawsuit and how a seasoned New York City surgical errors attorney at Mark L. Bodner, P.C. can help you build a comprehensive legal strategy.

Under what circumstances does a surgical error constitute a medical malpractice lawsuit?

First of all, you must understand that a surgical error can occur during your procedure or post-operatively. In addition, such an error can be traced back to a surgeon or even a nurse or anesthesiologist who was responsible for monitoring you during your procedure. No matter when this error occurred or who is to blame for it, you must strongly consider pursuing a medical malpractice claim. Without further ado, you may have grounds for a lawsuit under the following conditions:

  • The procedure was conducted on the incorrect part of your body.
  • The procedure did not have to be conducted in the first place.
  • The corrective or second procedure was conducted too late.
  • You were administered too much anesthesia during the procedure (based on your age, height, weight, and medical history).
  • Your organ(s) was punctured during the procedure.
  • There were surgical instruments or sponges left inside your body after the procedure.
  • There were infections left untreated after the procedure.

What approach should I take for my medical malpractice lawsuit?

Once you confirm that you were made a victim of a negligent surgical error, you may proceed forward with your medical malpractice lawsuit. As a plaintiff, you must demonstrate that the surgeon, or a nurse or anesthesiologist, exhibited some type of carelessness during or after your procedure. The different types of carelessness that you may claim are as follows:

  • The surgeon, nurse, or anesthesiologist was extremely fatigued while performing your procedure.
  • The surgeon, nurse, or anesthesiologist was under the influence of drugs or alcohol while performing your procedure.
  • The surgeon, nurse, or anesthesiologist was not properly trained to handle the specific type of procedure you underwent.
  • The surgeon did not employ a sufficient amount of staffing (i.e., nurses or anesthesiologists) to assist them throughout your procedure.
  • The surgeon did not effectively communicate with other staff (i.e., nurses or anesthesiologists) assisting them throughout your procedure.

You must not wait too long to retain the services of a competent New York City hospital negligence attorney. This is especially true since the statute of limitations for your medical malpractice lawsuit is likely two years and six months from the date of your surgery. So please call Mark L. Bodner, P.C. at your earliest possible convenience.