Surgical malpractice occurs when a surgeon or medical staff member performs a surgical procedure negligently, resulting in harm to the patient. If you or a loved one has suffered harm due to surgical malpractice, such as an incorrect surgical procedure or damage to surrounding organs, it is important to seek legal help to determine if you are entitled to compensation. Our legal team has extensive experience in handling surgical malpractice cases and can help you pursue the compensation you deserve to cover the cost of your medical care, ongoing treatment, and other related expenses. Contact us today for a free consultation to discuss your legal options.
If you or a loved one has suffered harm as a result of surgical malpractice, you may be entitled to compensation. Surgical malpractice occurs when a surgeon, nurse, anesthesiologist, or other healthcare professional fails to provide the appropriate standard of care during surgery, which can result in serious injuries, complications, or even death.
At our firm, we understand the devastating impact that surgical malpractice can have on your life. Our experienced attorneys are dedicated to holding medical professionals accountable for their negligence and helping you obtain the compensation you deserve. Whether you have suffered harm due to a surgical error, anesthesia error, infection, or any other type of surgical malpractice, we have the knowledge and resources needed to achieve the best possible outcome for your case.
We will work tirelessly to investigate the cause of your injuries and build a strong case to hold the responsible party accountable. Our goal is to ensure that you receive fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
We understand that this is a difficult and emotional time for you and your family. Our compassionate team will listen to you with empathy and provide you with the support and guidance you need throughout the legal process. We will fight for your right to compensation and justice, so you can focus on your recovery and getting back to your normal life.
If you or a loved one has suffered harm as a result of surgical malpractice, please don’t hesitate to contact us for a free consultation. You can reach us by calling our office at 855-233-8728 or by filling out our online contact form. We will listen to your story, answer your questions, and provide you with the legal guidance and support you need to move forward.
Most people struggle to afford top-tier legal representation. To ensure equal access to justice, our New York trial attorneys work on a contingency-fee basis. That means you pay us nothing unless we win your case.
Our experienced personal injury attorneys have represented thousands of seriously injured New Yorkers. We are extremely proud of the results we’ve obtained for our clients in excess of $100 million dollars in the New York City Metro area.
A Hospital/ Surgical Error is when your doctor or other medical professional makes a preventable mistake during your surgery. These medical mistakes or surgical errors can result in wrong-site surgeries being performed, medical supplies or utensils being left inside a patient, or medical professionals that fail to respond appropriately to unexpected difficulties.
Surgical errors can occur as a result of surgeon, anesthesiologist, or hospital error or negligence. This can mean patients are left to deal with the pain and the growing financial burden of unanticipated medical bills arising from additional treatment or care, as well as other harm.
Common examples of Hospital/ Surgical Errors are
To successfully prove a surgical error lawsuit, you will need to meet the following requirements for medical malpractice.
You had a relationship with the doctor or medical facility. You are required to show you had a doctor-patient relationship with the doctor, medical staff, or facility.
The healthcare professional or medical facility was negligent in their diagnosis or treatment of you. This is usually addressed by considering whether another medical professional or facility with a similar background and a comparable environment would have treated you in the same way. In other words, was the treatment you received reasonable for the situation.
You experienced pain or injury as a direct result of the negligence. You have to establish that it is “more likely than not” that your injury was the direct result of medical incompetence or negligence.
The injury you experienced resulted in specific damages. These damages can include physical or mental pain and suffering, additional medical expenses, lost wages or reduced earning capacity.
To reach a successful outcome, you will need to establish that your injury resulted from negligent care. Every surgical error lawsuit is unique, but there are steps common to all medical malpractice lawsuits that you can take to help prepare.
Documents can help support your statements of injury or other suffering. Keep detailed notes about the surgical error and take photos. When it comes to a surgical error lawsuit, pictures really are worth a thousand words.
If you feel something has gone wrong with your surgery, take note of medical staff names, any relevant dates, and include your thoughts about what is happening.
Photographic evidence can help improve your claim’s chances of reaching a favorable outcome. Cases that rely solely on medical records, which can be more challenging for a jury to comprehend fully, can benefit from photos that draw attention to your pain and suffering.
If you are considering a surgical error lawsuit, it’s essential to keep this information away from the medical professionals or facilities in question — unless otherwise instructed by your medical malpractice attorney.
Understandably, you may want to reach out to family and friends on social media for support, but sharing a photo or comment could actually end up harming your claim.
All hospitals are legally required to keep patient health records for several years following treatment.
A copy of your medical records, including any notes, prescriptions, or any other medical records, could help you illustrate medical negligence or a failure to provide appropriate care.
When you pick up your medical records, you might be asked to sign a waiver releasing the doctor or hospital from legal liability. It’s important not to sign the waiver thereby signing away your right to sue.
Because medical records are often requested by patients considering suing, many hospitals automatically ask patients to sign a waiver whenever they pick up copies of their medical records.
Don’t sign anything without first checking with your medical malpractice attorney.
Contact a medical malpractice attorney as soon as you think something has gone wrong with your surgery. If you believe that something doesn’t feel right, trust your instinct.
Acting quickly is critical, especially when it comes to taking photos. Bruises and other visual signs of injury or harm can begin to fade in just a few days following the trauma.
If you’ve suffered because of a surgical error, it can be tempting to reach out to the first medical malpractice attorney you find.
While most attorneys have some experience with medical malpractice, surgical error lawsuits and medical malpractice are profoundly complex. An attorney who possesses only a general medical malpractice attorney may miss some of the more subtle aspects of your case.
To put yourself and your case in the best position, look for experienced law firms specializing in medical malpractice. Check out websites or the local state bar association for a few names of top medical malpractice attorneys in your area.
At Uptown Injury Law, we build on 15 years of medical malpractice expertise to help you get the proper compensation you deserve. By selecting our cases carefully, we ensure we exceed your expectations.
Our Medical Malpractice Team is ready to review your situation carefully. We’ll go through the information with you, explore all your options, and help you decide what your best course of action is. Call us today and schedule a free consultation.
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