What Is Considered Surgical Negligence in New York?

doctor performing surgery

You may experience feelings of nervousness and uneasiness in the days, weeks, or even months leading up to your major operation. But you may be able to rest a little easier knowing that you will be in the good hands of a trusting surgeon. This is why it is completely unacceptable when you are made the victim of a surgical error, regardless of how minor or major it is. Follow along to find out what is considered surgical negligence and how a proficient New York City surgical errors attorney at Mark L. Bodner, P.C. can help you attain justice.

What is defined as surgical negligence in New York State?

Generally speaking, surgical negligence occurs when a surgeon, anesthesiologist, or any other medical professional present during a surgery performs an improper or illegal activity that results in serious injuries and damages to a patient. Examples of such negligent behavior commonly reported in New York State include, but are not limited to, the following:

  • Making a wrong incision.
  • Administering the wrong anesthesia dosage.
  • Leaving surgical instruments or sponges in the body.
  • Operating on the wrong part of the body.
  • Performing the wrong procedure.

What injuries are associated with surgical errors in New York State?

When a medical professional’s negligence leads to surgical complications, a patient can experience serious if not fatal side effects. Commonly documented side effects in New York State are as follows:

  • Brain damage, nerve damage, and/or organ damage.
  • Excessive bleeding and/or blood clots.
  • Post-surgical infections and/or septic shock.
  • Post-traumatic stress disorder and/or psychological problems.
  • Cardiovasular problems.
  • Physical deformity.
  • Long-term coma.
  • Long-term or permanent paralysis.

Though, sometimes injuries and damages are not immediately obvious to a patient, but they surface in the days, weeks, or months following an operation. Examples of postoperative surgical complications are as follows:

  • Hemorrhage, thromboembolism, atrial fibrillation, and/or Deep Vein Thrombosis.
  • Pneumonia and/or respiratory complications.
  • Renal failure and/or urinary problems.
  • Adverse drug events.
  • Chronic pain.

What is the statute of limitations for a surgical negligence claim in New York State?

If you are experiencing long-term of lifelong complications due to a medical professional’s surgical negligence, you cannot stand idly by. Instead, you must hold them accountable by filing a medical malpractice claim. What’s more, with a successful claim, you can receive the financial compensation that you require to recover from your injuries and damages.

Importantly, you must keep in mind New York State’s statute of limitations. This deadline for medical malpractice claims is generally 30 months, or two and a half years, from the date of your surgery. If you fail to meet this, you will permanently miss out on your opportunity to sue the negligent medical professional.

With all that being said, if you are ready to kickstart your claim, contact a talented New York City hospital negligence attorney today.