Surgeons have an obligation to use the utmost care when performing a procedure. Sadly, this does not always happen. If you or a loved one has suffered injury due to a surgeon’s carelessness, error or misconduct, our trusted Syracuse surgical malpractice attorneys can help you seek the justice and compensation you deserve. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to helping victims of medical malpractice throughout New York.
A New Jersey woman checked into NYU Langone Hospital in November of 2011 for the removal of a benign polyp on her colon. During the surgery, the surgeon allegedly failed to notice that he had burned part of the patient’s small bowel, according to the plaintiff’s lawyer. The patient was in excruciating pain after the surgery. Despite this level of pain, it took the surgeon four days to order a CAT scan, which showed a severe infection. By the time the doctors went back in to operate, the patient was in septic shock and subsequently died. The woman’s family sued the doctor, and a Manhattan jury awarded the family $13 million.
Establishing Surgical Malpractice
Just like any other type of malpractice case, establishing surgical malpractice can be complicated. However, that does not mean you shouldn’t try, it just means you should have an experienced lawyer on your side who understand how to navigate this task. In New York, to prove surgical malpractice, you must show that there was a departure, on the part of the surgeon, from the recognized standard of care and that the patient’s injury or death was directly caused by the surgeon’s conduct. In short, the plaintiff must show that the doctor did something or did not do something that he or she was supposed to do, thereby injuring the patient. In the aforementioned case, the doctor was said to have burned a part of the patient’s small bowel and did not notice. This was considered a deviation from the recognized standard of care and a direct cause of the patient’s death, which is why he was found liable for malpractice.
Damages in New York Medical Malpractice Cases
Surgery is supposed to repair a body part, not harm it further. Unfortunately, surgical errors can take a serious toll on every aspect of a person’s life and can be extremely draining on a person’s finances. Fortunately, New York law allows victims of medical malpractice to pursue a variety of damages including but not limited to: medical bills, pain and suffering, mental and emotional pain, lost wages and compensation for any other losses arising from the malpractice.
Hard-working Syracuse Medical Malpractice Lawyers
A surgical error can have a life-changing impact on a victim. If you have been injured or lost a loved one due to a surgeon’s negligence, you have rights. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse surgical injury attorneys will meticulously analyze the facts of your case and help you secure the compensation you deserve for your harm. With may years of experience advocating for the rights of medical malpractice victims, you can trust that we know what we are doing. To learn more, please call us 315-479-9000 or contact us online.
More Blog Posts:
Malpractice Related to Peptic Ulcers in Syracuse, Syracuse Personal Injury Blog, October 25, 2018
Family of Patient who Committed Suicide Wins Medical Malpractice Claim, Syracuse Personal Injury Blog, October 21, 2018
Migraines/Headaches and Medical Malpractice in Syracuse, Syracuse Personal Injury Blog, October 17, 2018