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Malpractice Claims for Surgical Errors in New York

Surgery is a daunting experience for most people, and it can be even more stressful if you think about the possibility of something going wrong. Unfortunately, surgical errors affect many people in New York and across the United States each year. If you or someone close to you has suffered an injury due to a surgical error, you need to reach out to a skilled Syracuse surgical malpractice attorney who can handle your case. With many years of experience, we understand how to navigate these types of claims effectively and efficiently.

According to data compiled in the National Practitioner Data Bank between the years of 1990 and 2010, in excess of 4,000 individuals who underwent surgery were hurt because of preventable surgical errors. While minor surgical errors may be understandable, some mistakes are so shocking that they should never have occurred. The medical community knows these mistakes as “never events.” Unfortunately, never events take place all across the country. In fact, the National Practitioner Data bank study revealed that 80,000 “never events” took place between 1990 and 2010. Some examples include but are not limited to:

  • Performing surgery on the wrong person;
  • Performing surgery on the wrong body part;
  • Performing the incorrect surgery altogether;
  • Leaving objects (i.e., surgical instruments) in the patient’s body;
  • Using dirty or unsterilized instruments in surgery;
  • Infusing the wrong blood type or unclean blood into a patient; or
  • Providing oxygen lines containing no gas or the wrong gas.

To be sure, not all surgical complications are results of medical malpractice. Many surgical procedures are inherently risky and can have adverse outcomes, no matter how competent and careful the surgeon is. Instead, medical malpractice takes place when a surgeon causes injuries or death by failing to adhere to the level of care and caution that a reasonably prudent, competent surgeon would have used in the same or similar circumstances. Insufficient planning, incompetence, or miscommunication on a surgeon’s part can form the basis of a malpractice claim.

Surgical errors can sometimes take some time to come to light. Only after a certain amount of time has passed do the patient’s symptoms worsen or new symptoms arise. Patients in this situation are often left in a state of uncertainty regarding their future health and care. Fortunately, if a surgical error is established, a plaintiff can recover damages to deal with his or her injuries. These damages typically include medical expenses, rehabilitation costs, pain and suffering, lost wages, and any other costs arising from the malpractice.

Surgical errors can have life-altering consequences for a patient as well as his or her family. If you or a loved one suffered harm due to a surgical error, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse surgical malpractice attorneys will take the time to carefully evaluate the circumstances of your medical injury and provide you with an honest assessment of your claim. You should be aware that we have offices in New Hartford, Rochester, Oneida, Watertown, Cortland, and Oswego. To discuss your case in more detail, call us at 833-200-2000 or contact us online.

More Blog Posts:

College Lacrosse Athlete Files Orthopedic Malpractice Lawsuit Following Knee Surgery, Syracuse Personal Injury Blog, November 29, 2017

Discovery of Medical Center Emails at Issue in Lawsuit over Experimental Surgery Gone Wrong,  Syracuse Personal Injury Blog, November 23, 2017

United States Government Seeks Indemnification For Birth Fatality Malpractice Claim Against Obstetrician, Syracuse Personal Injury Blog, November 17, 2017

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