Neurosurgery is performed to treat neurological conditions that affect the brain and surrounding structures. These are often very complex procedures. Although advancements have rendered brain and spinal surgeries safer than before, there are still serious risks, and it is important to have a careful neurosurgeon performing the surgery. If you are harmed by neurological malpractice during a procedure, the Syracuse neurosurgery malpractice lawyers at DeFrancisco & Falgiatano may be able to help you recover damages.Take Legal Action Following an Incident of Neurosurgery Malpractice
Neurosurgeons are doctors who are trained in diagnosing and treating nervous system disorders. They may treat a patient for degenerative disease, brain infections, hydrocephalus revisions, strokes, brain tumors, nerve injuries and nerve compression, or traumatic injuries to the spinal cord and skull. Neurosurgeons must undergo significant education and training, and they may be trained for up to 10 years even after going to medical school.
Neurosurgical malpractice can be a result of a misdiagnosis or a surgical error. A misdiagnosis can be a result of a neurosurgeon's failure to perform proper diagnostic studies or a failure to interpret the studies or test results properly. A surgical error can be a result of inexperience or improper supervision by an experienced neurosurgeon. It may also be a result of a flaw in how the surgeon carried out the procedure, or the surgeon following some experimental approach without providing information about the risks to the patient.
There are also other potential forms of malpractice, such as anesthesia errors, improperly addressing complications such as a brain bleed or clot or swelling, or patient reactions to medications. Sometimes there is nothing that could be done by a reasonable doctor or nurse to result in a better outcome. However, if a neurosurgeon or another health care provider involved in the surgery failed to meet the professional standard of care under the circumstances, you may have a basis to recover damages through a medical malpractice lawsuit with the assistance of a neurosurgery malpractice attorney in Syracuse.
You will need to show that the defendant had a professional duty of care toward you as a patient, the defendant breached the duty of care, there was actual and proximate causation, and there were actual damages. The injuries must be directly and legally caused by the defendant's breach of the accepted standard of care. In other words, the harm cannot be a result of a complication from the surgery that the neurosurgeon handled properly. The losses must also result from the malpractice rather than from complications that would have arisen regardless of the neurosurgeon's conduct.
If you can successfully establish malpractice, you may be able to recover damages, including medical expenses. You are entitled to recover damages for the cost of hospitalization and further surgeries to address a mistake made in an earlier surgery, as long as these costs were legally caused by a health care provider's negligence. You may also be able to recover lost wages for injuries caused by neurosurgery malpractice. For example, if you suffer brain damage and can no longer earn money in the same profession, you can recover damages to replace those lost earnings, as well as lost earning capacity. You can also recover for physical pain, mental anguish, and emotional distress.
Sometimes neurosurgery malpractice results in the wrongful death of a patient. No amount of money can make up for the loss of a loved one due to a doctor's error. However, in New York, the family of the decedent can recover for pecuniary losses sustained as a result of a wrongful death. They can recover funeral and burial expenses, medical bills, loss of income, and loss of services.Retain a Syracuse Neurosurgery Malpractice Attorney
If you are harmed due to neurosurgery malpractice, our law firm may be able to help you recover damages from responsible parties. We represent injured patients in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, Lyons, and all of Upstate New York. Call us at 315-479-9000 or contact us via our online form if you are interested in seeking the assistance of a neurosurgery malpractice lawyer in the Syracuse area.