Determining Whether a Surgeon’s Error Was Medical Malpractice

Surgical procedures are meant to improve a patient’s health, but in some cases, they can lead to worsened medical conditions. Surgeons’ errors can have devastating consequences, ranging from infection, nerve damage and prolonged pain to permanent disability or even death. These errors may occur due to negligence, lack of proper training or insufficient preoperative planning. While not every negative surgical outcome is due to malpractice, the legal standard of negligence is met when a surgeon’s actions fall below the accepted standard of professional care. When a preventable mistake is made, and it directly causes harm to the patient, this may constitute medical malpractice.

Surgeons’ actions may be considered medical malpractice if they fail to follow appropriate surgical technique, perform unnecessary surgeries or operate on the wrong site or the wrong patient. Additional instances include leaving surgical instruments inside a patient or failing to properly monitor the patient’s vital signs. Determining whether malpractice occurred typically involves examining whether a competent surgeon in a similar situation would have acted differently. Consulting a qualified medical expert is always necessary to assess whether the standard of care was breached.

Patients who experience surgical errors may notice signs and symptoms that something has gone wrong. Common warning signs include persistent pain beyond normal recovery expectations, unusual swelling, excessive scarring or symptoms of infection, such as fever and redness around the surgical site. In more severe cases, signs could include organ dysfunction or failure, internal bleeding, or loss of sensation or function in a body part. If a patient suspects an error has occurred, it is prudent to seek a second medical opinion immediately to assess the situation accurately. Another healthcare provider may help identify the underlying issue and recommend appropriate corrective measures.

When surgical errors occur, patients have legal remedies to seek compensation for the harm suffered. Filing a medical malpractice lawsuit allows victims to pursue damages for medical expenses, lost wages, pain and suffering and other losses. In New York, the statute of limitations for filing a medical malpractice lawsuit is generally two and a half years from the date of the surgical error or from the end of continuous treatment for the condition related to the malpractice. However, exceptions may apply, particularly if a foreign object was left inside the body, where the time limit may begin from the date the object was discovered.

Patients dealing with the legal consequences of surgical errors can benefit from the guidance of experienced attorneys. At the firm of Rich & Rich, P.C., with offices in midtown Manhattan and Roslyn Heights, N.Y., our dedicated team works to protect the rights and secure compensation for those harmed by negligent doctors. We can provide the support and expertise needed to pursue your legal remedies. Call us at 917-746-3358 or contact us online today for a free consultation.