A Dangerous Form of Medical Malpractice in New York Hospitals

A surgical error may be described as some sort of mistake or act of negligence related to a surgical procedure. This error may occur in the pre-operative or post-operative care of a patient or during the procedure itself. Surgeries are complex. They place a patient's health and very life at risk, but they may be necessary to correct serious health problems and injuries. When a surgeon or other medical professional makes a mistake of any kind, this may lead to the serious injury or death of a patient. The goal of the New York medical malpractice attorneys and support staff at Napoli Shkolnik PLLC is to hold negligent surgeons accountable for their conduct. We work closely with our clients to determine how to best represent their interests and present their cases inside and/or outside the courtroom to seek financial compensation that will help them pick up the pieces that have been scattered because of surgical malpractice. Recovering from these incidents is no easy task, but we hope to make it possible by relieving the considerable financial burden faced by victims of malpractice. Surgical malpractice is one of the most commonly litigated forms of malpractice. According to a study of medical malpractice trials in the 75 largest counties in the United States, about half of the trials were brought against surgeons (Medical Malpractice Trials and Verdicts in Large Counties, 2001). Some forms of surgical errors include:

• Failure to get informed consent;
• Improper pre-operative care;
• Performing the wrong operation on a patient;
• Operating on the wrong side of the body;
• Performing an unnecessary surgical procedure;
• Leaving an instrument or other foreign object behind;
• Negligent post-operative care of a surgical patient;
• Improper administration of anesthesia;
• Failure to properly monitor a patient during surgery;
• Improper use of surgical tools or medical devices; and
• Organ or artery perforation.

Was your injury caused by a mistake or complication?

No surgery, no matter how minor, is without risk. Even when a procedure is performed to textbook perfection on a patient who is in good condition to undergo surgery, unforeseen problems may arise. It is when these problems are caused by mistakes or negligence on the part of a surgeon, anesthesiologist or other medical professional involved in the procedure that an injured patient may have grounds for a medical malpractice lawsuit. Complications that could not have been prevented no matter the surgeon's skill or care will not give a lawsuit merit. How can you determine whether your injuries were caused by a complication or a mistake? This determination can only be made based upon a complete investigation of the procedure based off medical records and accounts from all medical personnel involved. A complication may be described as an adverse reaction or event that occurred as a result of pre-existing conditions or other circumstances outside of a doctor's control. Even when a surgical procedure is performed correctly on a patient, it is possible that the patient will not fully recover. This is one of the issues covered by informed consent, wherein a doctor must inform a patient of the potential risks and benefits of a procedure before getting consent to perform said procedure. A mistake, as defined by Encarta Dictionary, is "an incorrect, unwise or unfortunate act or decision caused by bad judgment or a lack of information or care." Surgeons, nurses and anesthesiologists are held to a high standard when it comes to surgery as well as pre-operative and post-operative care. When they make mistakes, such as performing a surgery on the wrong side of the body or accidentally leaving something behind in a patient, this can have deadly consequences. As such, they may be held legally accountable for surgical mistakes by way of medical malpractice lawsuits.

Review Your Options with a NY Medical Malpractice Attorney

Gathering evidence for surgical errors can be particularly complicated because the patient will have no memory or account of what occurred during the procedure, if he or she was under general anesthesia. However, an investigation by medical experts may uncover clues of malpractice or wrongdoing. At Napoli  Shkolnik PLLC, we are highly experienced in handling medical malpractice cases related to surgical errors. We have considerable resources to apply to our clients' cases, something that is invaluable when dealing with technical matters such as surgical procedures, anesthesia, pre and post-operative care and informed consent. Contact a New York medical malpractice lawyer at our office to talk about how we can help you. Your initial consultation is free!