Surgery can be one of the most intimidating procedures that patients have to undergo. Patients and their families trust doctors to provide them with the highest level of care so that their physical condition can be improved. Unfortunately, sometimes doctors and surgeons make errors that cause the surgical process to take a turn for the worse. An error during surgery may even put the patient’s life at risk.
Doctors have a duty of care to protect their patients from injury and illness as far as it depends on them. There are times when a routine complication causes injury, but there are also instances where direct negligence is the cause of error. That’s why our NYC surgical error attorneys are dedicated to helping victims of surgery errors in New York City recover compensation for their injuries and illness.
A surgical complication is a negative event that only happens due to the factors that already existed before surgery. These circumstances are deemed outside of the doctor’s control, and therefore the doctor is not liable in the event that these factors lead to a complication. Some patients are also more susceptible to being injured by a complication, because of poor health and other genetic factors.
Mistakes occur at the complete fault of the doctor performing the operation. A mistake suggests a lapse in judgment, and some of those lapses are greater than others. A doctor that chooses to show up for surgery under the influence of alcohol commits a greater act of negligence than a doctor who commits an accidental laceration during surgery.
One of the major problems that victims face is having possible malpractice deemed just a routine complication. Health care professionals will likely attempt to decrease their liability by looking at malpractice and calling it complication instead. A complication means that the ensuing injuries were no one’s fault, leaving the victim to fend for themselves.
Medical malpractice can happen for a number of different reasons. Sometimes, gross negligence is the cause and other times the doctor is liable, but did not act in a grossly negligent way. This is the difference between a surgeon who is sleep deprived and a surgeon who failed to properly monitor a patient’s vital signs.
Believe it or not, one of the most common mistakes that happen during surgery is a surgeon operating on the wrong side of the body. For example, many patients have found it helpful to write on the area that needs the surgery. It is not unheard of for doctors to operate on the healthy knee while leaving the injured one untouched.
Another common surgical error is leaving a surgical instrument inside of the patient after the operation was completed. Some patients have, after surgery, begun to experience severe pain only to find out later that a sponge, retractor, or towel has been left inside of them. Other times, patients’ medical records get mixed up which results in operation being performed on the wrong patient. These are all avoidable errors that surgeons should be held responsible for.
If you have been harmed or your loved one was injured during the surgical process, you may be able to collect financial compensation with the help of a personal injury attorney in New York City. You may not be aware of your rights or you may be unsure whether or not you have a case. This is where Hecht, Kleeger & Damashek comes in. While compensation does not fix surgical errors the New York surgical error, cases we have won have left our clients with peace of mind and no debt related to their medical expenses.
We are here to provide you with seasoned legal help so that you can be informed of your rights and informed of the steps that you may be able to take to seek compensation for your injuries. Our team of New York City surgical error lawyers is passionate about fighting for the rights of our clients. To learn more, contact us today at (212) 490-5700 to get started on your case.
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