It goes without saying that doctors are not infallible; they can make mistakes. Unfortunately, more often than not, these are mistakes that can cost the patient time, money, and even their life. That is why New York personal injury law allows filing a lawsuit against a medical professional for negligence.

“Before a plaintiff can win a surgical error lawsuit in NYC, they must prove a few elements with verifiable evidence,” says Attorney Michael Duffy of Duffy & Duffy, PLLC.

Surgical error or negligence is arguably the most common type of medical malpractice case in New York. Therefore, if you or a loved one has been hurt by the negligence of a medical professional in NYC, this article is for you.

What Are Common Surgical Errors In New York Hospitals That Everyone Should Take Note of?

Even the most competent and skilled surgeon can make a mistake that can cost a patient their life. Here are some of the common surgical errors medical practitioners in NYC are sued for on a yearly basis:

Leaving foreign objects inside a patient

Surgeons have been sued for forgetting foreign objects like surgical sponges or even scalpels inside their patients. It is never intentional, but it does happen, and it yields adverse results such as infections, pain, and even death.

Wrong surgery site

Another mistake a surgeon can make is operating on the wrong part of the patient’s body. This surgical error could be a result of miscommunication on the part of the patient or the doctor’s office staff. Regardless of why it happened, when it does happen, patients can sometimes face life-threatening complications as their health is compromised.

Wrong patient

Sometimes, one patient’s information may be misplaced or confused for another such that a patient gets medication or surgery they never needed. Consequently, this means the patient that did need said surgery did not get it. Many things can go wrong here, including both patients dying or facing life-threatening conditions, among others.

Injuries to nerves

Surgeons can injure a nerve during a surgical operation, which could be due to a shaky hand or an errant scalpel. In any case, when a person’s nerves or organs have been injured, their quality of life may be permanently altered.

Anesthesia errors

In some cases, the error is not the surgeon’s; the anesthesiologist may have administered the wrong dose of anesthesia. For example, if the dose of anesthesia administered is too high, the patient may have brain damage or worse.

Elements to Prove In a Surgical Error Lawsuit in NYC for You to Establish Your Case

If a surgical error is discovered, filing a claim is typically possible, as most surgical errors serve as grounds for a lawsuit. However, as with any medical malpractice claim, there are elements a plaintiff must prove to win a surgical error lawsuit and recover damages. These elements include:

The existence of a doctor-patient relationship

First, the plaintiff must have had a relationship with the surgeon or medical professional being sued. Proving a doctor-patient relationship is fairly easy; simply obtain your medical records from the hospital where you were treated.

Negligence

You must prove that the doctor failed to render care consistent with the standard of care, meaning they did not do what a reasonably competent doctor would have done under the same circumstances.

Injury

The doctor’s negligence must have caused the plaintiff’s injury for it to qualify as a medical malpractice claim. If something else caused the plaintiff’s injury, the physician cannot be held liable, even if they were indeed negligent.

Damages

Finally, the injury the plaintiff suffered must have incurred damages such as mental anguish and additional medical bills. If the doctor’s negligence caused you harm, that harm must have incurred quantifiable damages for you to win your case.

Conclusion

Thousands of people go under the knife in New York annually, each hoping to come out better than they went in. However, outcomes do not always unfold as expected and predicting how a procedure will progress can be challenging. In the event of complications arising from a medical professional’s negligence, an NYC medical malpractice lawyer can provide assistance in navigating the case.