Our surgical error attorneys in NYC understand the many hardships individuals may face as a result of a botched surgery. Surgical malpractice may cause patients to suffer serious injuries and may be fatal in some cases. In addition to physical hardships, botched surgeries can force injured patients to endure numerous financial difficulties. Surgical negligence can lead to lost wages, high medical bills not covered by insurance and lasting pain and suffering. As a result, victims of surgical malpractice may be able to file a lawsuit against the doctor who performed their surgery.
Patients who have been injured during surgery should not hesitate to contact a surgical error attorney in NYC. At, Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, we understand how difficult the period of time following a surgery-related injury can be. We are committed to helping get our clients' lives back on track. As a result, we pursue maximum compensation for all of our clients. Our surgical error lawyers have recovered millions of dollars for patients who have suffered injuries due to a surgeon's error.*
The Risk Of Complications During Surgery
The risk of complications is inherent in any medical procedure. In many cases, complications during surgery are unavoidable. In some cases, however, complications are caused by a physician's negligence. When surgical complications are the result of negligence, the injured patient may have grounds to file a lawsuit against the doctor who performed the procedure. In a lawsuit, injured patients can recover compensation for any economic or non-economic damages caused by their surgery gone wrong. Economic damages are any financial losses caused by the injury, while non-economic damages are any prolonged pain and suffering that resulted from the surgical complication.
Surgical negligence or the failure to manage chronic medical conditions can cause patients serious injury. Unfortunately, complications in surgery have become more prevalent in the United States over the last decade. Investigations have found that more than 250,000 people die each year because of preventable medical mistakes and infections; many of these deaths are the result of a doctor's failure to properly monitor their patient in surgery.
Are You Entitled To Compensation For Surgical Negligence?
Individuals who have suffered an injury due to a botched surgery may be able to file a lawsuit against the doctor who performed the surgery. In order to have a valid claim, however, the patient must be able to prove the following:
A Standard Of Care Existed: "Standard of care" refers to the legal obligation that an individual or entity has to take reasonable care to avoid a foreseeable injury. When performing surgery, the operating doctor has a duty to perform up to the accepted standard of care of the medical community.
The Physician Breached Their Duty Of Care: When a doctor fails to adhere to the accepted standard of care, they have acted negligently. A surgeon leaving a tool inside a patient's body would be an example of a breach in duty of care.
The Doctor's Negligence Was The Direct Cause Of The Injury: In order to have a valid claim, the physician's negligence must have been the direct cause of the patient's injury. In other words, a patient can be injured during surgery, but they only have a valid lawsuit if the physician's negligence was the reason the injury occurred.
The Patient's Injury Must Have Caused Damages: Patients must have suffered either economic or non-economic damages to have a valid medical malpractice lawsuit. Lost wages, damage to future earning potential and high medical bills can all be considered economic damages. Non-economic damages include but are not limited to lasting pain and suffering, loss of life's enjoyment and emotional trauma.
Injured Patients Should Not Hesitate To Contact A Surgical Error Attorney In NYC
Patients who have suffered an injury due to surgical malpractice should speak to an attorney immediately to avoid conflict with the statute of limitations. The statute of limitations is a law that specifies the amount of time a victim has to file a lawsuit after an injury. The failure to bring a lawsuit in a timely manner can forever bar injured patients from receiving the compensation they may deserve. Our surgical error lawyers are aware of the statute of limitations for all forms of medical malpractice. We will evaluate and file all of our clients' claims in a timely manner.
What Types Of Surgical Error Cases Do You Handle?
We can assist you with the following types of surgical error cases:
- Infection
- Laceration & Bleeding
- Aneurysm & Dissection
- Hemorrhage
- Intraventricular Hemorrhage
- Gastric Bypass Complications
- Anesthesia Accidents
Learn more about these types of surgical negligence below.
Infection
When undergoing a medical procedure, patients always run the risk of developing an infection. Unfortunately, when a patient suffers an infection they can face severe hardships. Infections can cause patients further illness and can be fatal in some cases. The Centers for Disease Control and Prevention estimates that more than 2 million hospital infections occur each year, resulting in nearly 90,000 deaths. In addition to physical hardships, an infection may extend a patient's hospital stay and force them to undergo further medical procedures, resulting in more medical bills and lost wages.
Who Can File A Legal Claim After Suffering An Infection Due To Surgical Negligence?
Infections are generally considered a risk with any medical procedure. As a result, most infections do not present grounds for a surgical error lawsuit. In some cases, however, a doctor's negligence in the handling or diagnosis of an infection can provide grounds for a claim. Individuals who have suffered damages from an infection may have grounds for a lawsuit if any of the following occurred:
- The infection was caused by a surgical error
- The doctor failed to prescribe antibiotics or failed to prescribe the correct antibiotics
- The infection was initially misdiagnosed
- The doctor failed to diagnose the infection until significant damage was done to the patient
- The medical staff failed to use adequate infection control procedures
Patients who have suffered an infection should keep in mind that in order to have a valid claim, the doctor's negligent actions must have caused the patient to suffer either economic or non-economic damages. Economic damages are any financial strain placed upon the patient by their infection, such as lost wages, high medical bills and damage to future earning potential. Non-economic damages are any pain and suffering caused by the infection.
Laceration & Bleeding
Laceration and bleeding as a result of surgical negligence or surgical malpractice can lead to life-threatening complications and death. Our NYC surgical error attorneys can help protect your rights in the wake of a serious surgical injury due to the negligence of a surgeon.
Who Can File A Legal Claim Following Lacerations Caused By Surgical Negligence?
Depending on the specifics of your case, you may have grounds for a surgical negligence lawsuit. Lacerations and perforations can lead to hemorrhaging or other serious medical problems that can have long-term medical consequences and can lead to amputations, paralysis, heart attack, stroke or serious infections. Moreover, surgical laceration of an organ can result in the surgeon having to remove the organ because of damage. If organs are removed during surgery without your consent, you should contact an experienced surgical error lawyer to help review your case and determine your rights.
Aneurysm & Dissection
An aneurysm is a dangerous ballooning of a weak area in an artery. Misdiagnosis, late diagnosis or mistreatment of an aneurysm can lead to serious medical complications and injury, including death. Surgical complications and surgical error can also lead to an aneurysm injury. 2 common types of aneurysm include aortic aneurysm (swelling of the aorta, which carries blood from the heart to the rest of the body) and cerebral aneurysm, (swelling of a blood vessel in the brain). The outcome can be deadly.
Who Can File A Legal Claim Following An Aneurysm Caused By Surgical Negligence?
If you or a loved one has experienced consequences of an untreated aneurysm or dissection, then you may be entitled to compensation. Misdiagnosis of aortic dissection or aneurysm injuries often result in a delay in treatment and can greatly reduce a patient’s chances for recovery. If a cerebral aneurysm ruptures, the resulting bleeding in the brain may lead to catastrophic injury or death. Such a cerebral hemorrhage is a serious medical emergency. If not properly or timely treated, the patient is at a greatly increased risk of vasospasm, a condition in which blood vessels in the brain spasm and constrict, or close, depriving the brain tissue of blood and oxygen. Patients may also suffer seizures, brain swelling and herniation. An aortic dissection is another type of injury involving a tear in the aorta wall, which allows blood to flow into the layers of the wall. If all 3 layers tear, a rupture occurs, resulting in blood loss. Such ruptures are fatal in 4 out of 5 cases.
If you or someone you love has been seriously injured or killed by an aneurysm or dissection injury, our surgical error attorneys in NYC can meet with you to discuss your rights.
Hemorrhage
A hemorrhage involves serious bleeding and significant blood loss from the circulatory system and can lead to shock, organ failure and death. When the cause of the hemorrhage is misdiagnosed, effective treatment can be delayed beyond the point of help. A hemorrhage resulting in serious injury or death can be caused by a wide variety of medical issues and conditions, including trauma such as a car accident, surgical or medical complications, a ruptured blood vessel or aneurysm and blood disorders like hemophilia and leukemia. Hemorrhages can also result from interactions of drugs and certain medications. Cerebral hemorrhage, or bleeding in the brain, can be caused by a brain aneurysm, arteriosclerosis or a brain or head injury. Such hemorrhages can also be caused by complications of hypertension or concussions.
Who Can File A Legal Claim Following A Hemorrhage Caused By Surgical Negligence?
Depending on the specifics of your case, you may be entitled to compensation after suffering a hemorrhage. Our staff, medical experts and NYC surgical error attorneys have the experience necessary to determine the specific causes of your medical situation and fight to get you the compensation you deserve. Because serious injury or death from a hemorrhage injury often involves complex medical and legal issues, it is important to find an experienced surgical error lawyer to represent you and your case.
Intraventricular Hemorrhage
An intraventricular hemorrhage (IVH) is a type of cerebral hemorrhage whereby the brain's ventricular system begins to bleed in the area where the cerebrospinal fluid is produced. Typically, an IVH is the result of physical trauma caused during or shortly after birth. For instance, forceps clamped too tightly around an infant's head during labor or delivery can cause IVH. In addition to physical trauma, IVH can also be caused by issues such as fluctuations in cerebral blood flow during IV fluid boluses or the failure to give steroid therapy to premature babies with fetal lungs.
IVH is classified into 4 grades of severity:
Grade 1: Bleeding occurs in the germinal matrix portion of the brain. The odds of the infant dying or suffering from neurological impairment are slim.
Grade 2: In addition to the germinal matrix, there is bleeding inside of the ventricles. The odds of the infant dying or suffering a neurological impairment are higher than grade 1, but still rare.
Grade 3: The excessive bleeding causes the ventricles to become enlarged by blood. The chances of the infant dying or suffering a significant neurological impairment are significantly higher than with grades 1 or 2.
Grade 4: Bleeding spreads into the brain tissues around the ventricles. The chances of the infant dying are around 50% and significant neurological impairments are likely.
Who Can File A Legal Claim Following An Intraventricular Hemorrhage Caused By Surgical Negligence?
While not always the case, parents of infants who have suffered an intraventricular hemorrhage may have grounds to file a medical malpractice lawsuit against the delivering doctor and their medical staff. In some cases, the IVH occurs because a doctor failed to identify that the infant's head was under significant pressure in the birth canal. IVH can also be caused by improperly used forceps, improper technique during vacuum-assisted delivery or the use of excessive force during the birthing process. In these instances, the doctor may have acted negligently and could be liable for medical malpractice. In a surgical negligence lawsuit, an infant's family can recover compensation for medical bills, damage to future earning potential and pain and suffering.
Gastric Bypass Complications
Weight loss surgeries vary in success rate and degree of safety. The most commonly used weight loss surgeries are the adjustable gastric band surgery, the sleeve gastrectomy and gastric bypass. Of the 3, the gastric band and sleeve surgeries are by far the safest. While safe, these surgeries also have the lowest rate of success, in terms of weight loss results. The band and sleeve surgeries can both be neutralized if the patient overeats, causing the band to snap or the staples to come out. Gastric bypass has been consistently successful in helping patients lose weight. In terms of safety, however, gastric bypass surgery comes with a great deal of risk.
Due to the nature of a gastric bypass procedure – whereby the small intestine is attached to the patient's esophagus – the risk of serious complications is much higher than in other weight loss surgeries. When a complication occurs, the results can be catastrophic if the patient isn't treated immediately. As a result, patients who have suffered a serious injury following a gastric bypass surgery may be able to file a medical malpractice lawsuit against the surgeon who performed their operation. Our NYC surgical error attorneys have been representing injured patients for over 60 years. We understand how difficult life can be after suffering an injury that could have been avoided if not for a doctor's negligence. Our surgical negligence lawyers are committed to helping our clients get their lives back on track by pursuing maximum compensation for them in court.
Who Can File A Legal Claim Following An Injury Related To Gastric Bypass Surgery?
Due to the fact that gastric bypass surgeries are inherently dangerous, patients who have suffered an injury afterwards do not necessarily have grounds for a lawsuit. In order to have a valid claim, the patient must be able to prove that the doctor acted negligently before, during or after surgery. In order for a doctor to have acted negligently, they must have owed a duty of care to their patient. A duty of care is a legal obligation individuals have to act with a certain degree of care when performing potentially dangerous activities. Doctors are legally obligated to use the same degree of care when treating a patient that another doctor in the same field would use. When a doctor fails to uphold the accepted standard of care in their field, they have breached their duty to their patient. A doctor's breach of duty is considered negligence. Furthermore, the patient must be able to prove that the doctor's negligence was directly responsible for their injury. In addition to proving negligence and causation, injured patients must have suffered either economic or non-economic damages to have a valid case.
Patients who have suffered an injury related to gastric bypass surgery may have grounds for a lawsuit if any of the following occurred:
- Postoperative leakage
- Gallstones
- The doctor failed to diagnose postoperative infections or bleeding
- The doctor failed to respond to a patient's complaints of pain, leading to serious injury or death
- The patient suffered an intra-abdominal hemorrhage