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New York Surgical Malpractice Lawyer

Surgical procedures are serious medical events. Even a minor surgery can lead to significant, even life-threatening complications. If the negligence of a surgeon led to serious injury, medical condition, or preventable infection, you may have a case of surgical malpractice.

If you or a loved one have been a victim of surgical malpractice, contact Rosenberg, Minc, Falkoff & Wolff, LLP today to discuss your case and explore your options for compensations.  We can help secure justice on your behalf.

Examples of Surgical Errors

Surgical errors are defined as preventable mistakes that occur during surgery.  Despite being referred to as “never events” (as in they should never happen) thousands of surgical errors occur every year.  The most common include:

  • Use of anesthesia when the patient is allergic
  • Incorrect anesthesia usage
  • Sealing surgical instruments inside a patient after a procedure
  • Infection as a result of doctor error
  • Amputation of the wrong limb
  • Wrong surgical procedure performed

Common Reasons for Surgical Malpractice

Surgical errors become medical malpractice when they are the result of negligence.  Surgical malpractice can take many forms, but some of the most common reasons include:

  • Incompetence
  • Poor Communication
  • Drug and Alcohol
  • Improper Work Process
  • Neglect

Surgeons, doctors and other medical care providers must adhere to an accepted standard of medical care.  Standard of care is loosely defined as a level of care that an ordinary, prudent, health care professional with the same experience and training would provide under similar circumstances. If your surgeon provided sub-standard care AND that treatment resulted in harm to you, it is considered medical malpractice.   In most cases involving surgical errors, it is relatively easy to establish that the level of care was substandard ( as the surgical error is often obvious), however proving that the error was a result of negligence is more difficult.  This involves a full investigation, the help of medical experts and an understanding of the entire process.

Under New York State law, you have two and a half years from the data that the surgical error occurred to file a claim.  However, if your surgeon left a foreign object in your body (such as a surgical instrument), you may only have one year from the date of the discovery of the object.

Contact Our Surgical Malpractice Lawyers Today

If you or someone you love has been seriously injured as a result of surgical malpractice, contact Rosenberg, Minc, Falkoff & Wolff, LLP. Our team of experienced lawyers is waiting to talk to you about your surgical malpractice case. Call today and schedule a free consultation.