Surgical Mistakes Rising to the Level of Medical Malpractice

Often time’s patients come out of surgery feeling in a way that was not expected.  They are left wondering if such is normal, or if they should be concerned.   Even if they discuss their concerns with the surgeon, they may still be left unsatisfied. 

The experienced Hudson medical malpractice attorney knows that surgeons and other medical professionals are not required to tell their patient that mistakes were made during their surgery.  Even worse, there is nothing that prevents the surgeon from lying to the patient with the claim that everything is fine.

That being the case, many patients turn to medical malpractice attorneys to have their problem investigated.  Upon consultation and retainment, the attorney will investigate the facts that which surround the patient’s surgery by reviewing medical records and by enlisting the help of medical experts. 

The patient may expect financial recovery from the offending surgeon if the patient was injured by a negligent act committed by a medical professional.  Of course, the negligence must have occurred while the patient was treated by the offending doctor. 

Negligence in the medical setting is what attorneys call medical malpractice.  If a duty of care is owed to a person, and that duty is breached, the offending party will be liable for damages if the breach caused the other person injuries. 

In the course of the doctor patient relationship, surgeons owe a duty to the patient.  The surgeon must follow the standard of care prescribed by the profession in that community.  Any other deviation there from is negligence if another surgeon in the area would not have committed the offending act or omission. 

The ways in which a surgeon can commit malpractice during surgery are limitless.  With that said, there are common errors that have happed in the past and they continue to happen.  Here are some examples.

·         Wrong site surgery;

·         Surgery on the wrong patient;

·         Surgery in which the wrong limb is amputated;

·         Leaving a foreign object inside a patient’s body; sponges, pads, gloves, needles, etc;

·         Organ puncture;

·         Misdiagnosis or failure to diagnose;

·         Bowel perforations;

·         Severed, nicked, or cut veins;

·         Lack of informed consent;

·         Anesthesia errors;

·         Excessive bleeding;

·         Excessive scarring; and

·         Delayed surgery.

As a parting note, please realize that more than just the surgeon can be held liable for a mistake made during surgery.  Any medical professional that took part in the surgery and contributed to the negligent harms committed to the patient can be held accountable.  This includes, nurses, assistants, anesthesiologists, technicians, etc.  Moreover, the professionals that treated the patient prior to and after the surgery can be accountable as well if they too negligently injured the patient.

The attorneys at Greenberg and Greenberg handle medical malpractice cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.