Thousands of preventable surgical errors occur in the United States each year. Despite increased awareness about the problem, surgical mistakes continue to happen at an alarming rate. If you are injured during surgery, you might be entitled to compensation through a medical malpractice claim. It is strongly recommended that you consult with an attorney to determine your legal options.
At Denlea & Carton, our surgical error lawyers provide dedicated representation for those injured during a medical procedure. Surgical mistakes are commonplace and can have life-threatening complications. If you are injured during surgery, you deserve an attorney that will fight to ensure you receive the compensation you deserve. Contact our office at (914) 368-7168 for a free consultation.
Types of Surgical Errors
Types of Surgical ErrorsMedical mistakes are a leading cause of preventable death in the United States. Some of the most dangerous types of mistakes are those that occur during surgery. Surgical errors can cause long-lasting health problems, including paralysis, delayed diagnosis, and even death.
Types of surgical errors resulting in liability include:
- Wrong-site surgical errors
- Wrong procedure mistakes
- Wrong patient errors
- Foreign objects left inside the body
- Unnecessary surgeries
- Anesthesia errors
- Unsanitary medical instruments
- Medication errors
These are only a few of the most common surgical errors that result in liability. Negligence that occurs during surgery can equate to medical malpractice and should be reviewed by an experienced attorney. It is essential to discuss your case with an attorney as early as possible to ensure that you receive the compensation that you are owed.
Common Causes of Surgical Mistakes
There may be one or more contributing factors that led to the surgical mistake. However, without the help of a surgical error lawyer, you may not be able to prove your case. A lawyer can conduct an independent investigation into the cause of your surgical error and help you obtain compensation against any liable parties.
Common causes of surgical malpractice:
- Inadequate training
- Improper supervision
- Insufficient staffing
- Surgeon or surgical assistant fatigue
- Failure to follow proper procedures
- Reckless behavior (surgeon rushing to complete surgery)
- Lack of communication between medical staff
Whether the surgical error happened because of incompetence (lack of proper training), fatigue, or recklessness, you might be entitled to financial recovery. Any time that a healthcare professional fails to provide an adequate standard of care, it may rise to the level of medical malpractice. If you have sustained an injury during surgery, contact our White Plains surgical error lawyers today.
How Long Do You Have to File a Surgical Error Lawsuit
New York law allows a person two years and six months to file a claim based on medical malpractice. Therefore, a surgical error victim has 2 ½ years from the date of the mistake or the date that the continuous treatment ended to file a lawsuit.
For cases based on a foreign object being left in the body, a lawsuit may be filed within one (1) year of discovering the foreign object or discovering facts that would have reasonably led to the discovery.
The statute of limitations for medical malpractice cases is complex. It is strongly recommended that you consult with a surgical error lawyer as early as possible to determine whether you have a valid claim for damages.
Damages in Surgical Error Cases
Depending on the circumstances of the case, a person injured during surgery in Westchester County, New York, might be entitled to both economic and non-economic damages.
Damages in a surgical error lawsuit may include compensation for:
- Medical bills
- Lost wages
- Loss of future earning capacity
- Future medical care and treatment
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
- Mental anguish
Insurance companies routinely try to downplay injuries related to medical malpractice and surgical mistakes. A lawyer can help build a strong case on your behalf and negotiate for a favorable settlement.
If a fair and full settlement cannot be reached, a surgical error lawyer can set the matter for trial. While not all cases go to trial, it is vital to retain an attorney who is ready and willing to take your case to a jury if a settlement cannot be negotiated.
Do You Need an Attorney?
The best way to ensure that you receive the maximum compensation in your case is to retain an attorney. A White Plains surgical error lawyer can review your medical records and consult with medical experts to determine whether you have a valid claim. They can subpoena necessary documents and interview key witnesses to the surgery.
While you are not required by law to seek legal counsel, it is strongly advised. Before signing anything or accepting a settlement offer, you should ALWAYS have your case reviewed by a surgical error lawyer to ensure that you are receiving the compensation you deserve.
Contact a Surgical Error Lawyer Today!
If you were injured during surgery in Westchester County, NY, contact our office at (914) 368-7168 for a free, no-obligation consultation. At Denlea & Carton, we have obtained millions of dollars in settlements and verdicts on behalf of our clients. Call now to speak directly with a surgical error lawyer and determine the value of your claim.
