What are 5 common surgical errors leading to malpractice claims?

On Behalf of | Oct 18, 2024 | Medical Malpractice |

Surgical errors account for a significant portion of medical malpractice lawsuits. These errors can leave patients in worse condition than before they sought medical treatment.

If you suffer from a surgical mistake, knowing your rights and taking action is crucial. Understanding these errors can help you successfully navigate the complex process of filing a malpractice claim.

Common surgical errors in New York

In New York, certain surgical mistakes frequently lead to malpractice claims. These include:

  • Retained foreign objects: Instruments like sponges or clamps left inside the body
  • Infections: Often due to poor hygiene, leading to severe complications
  • Falls: Occur if patients are not properly secured during surgery
  • Medication errors: Incorrect doses or wrong medications given
  • Wrong-site or wrong-patient surgery: Operating on the wrong body part or person

These errors can have devastating effects. Being informed is your first step toward seeking justice.

Legal remedies for medical mistakes

To file a malpractice claim, you must prove several elements, including:

  1. First, a healthcare professional owes you a duty of care.
  2. Next, they breached this duty by deviating from accepted standards.
  3. You must show that this breach caused your injury.
  4. Finally, you suffered damages as a result.

With the proper legal guidance, you can hold doctors, nurses, assistants and even hospitals accountable.

Why are medical malpractice cases complicated?

Most cases are complex due to several factors. First, they require a deep understanding of both legal and medical issues. Attorneys must interpret intricate medical records and procedures to build a strong case. They often work with experts to assess whether medical providers breached the standard of care.

Proving a claim involves several steps. Attorneys begin by gathering comprehensive medical records and identifying all potential defendants. They consult with medical experts to determine if negligence occurred. Establishing causation is crucial; you must show that the negligence directly led to your injury.

Additionally, attorneys must adhere to strict legal deadlines and procedural rules. They prepare for trial by collecting evidence, interviewing witnesses and crafting compelling arguments. The complexity of these cases underscores the importance of having experienced legal representation to ensure victims receive the compensation they deserve.

If successful, you may recover economic damages like medical bills and lost wages. Non-economic damages for pain and suffering may also apply. Hiring a skilled attorney increases your chances of receiving fair compensation and holding responsible parties accountable.