Undergoing surgery is a significant medical decision, and patients trust that their healthcare providers will perform the procedure with the utmost skill and care.
However, sometimes things go wrong during surgery, leaving patients with new health issues or complications.
In such cases, many people wonder if they can sue for medical malpractice in New York. In this blog post, we will explore the circumstances under which you can sue for medical malpractice if your surgery went wrong and the steps involved in pursuing a claim.
If you suspect that your surgery went wrong due to medical malpractice, it’s essential to act quickly.
Contact a skilled White Plains medical malpractice attorney in New York to discuss your case and learn more about your legal rights.
They can help you navigate the complexities of the legal system and fight for the compensation you deserve.
Article Contents
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a surgeon, nurse, or other medical professional, fails to meet the standard of care expected in their field, causing harm to the patient.
To prove medical malpractice, the patient must demonstrate the following four key elements:
- A Doctor-Patient Relationship: There must have been a relationship where the healthcare provider owed a duty of care to the patient.
- Breach of Standard of Care: The medical professional must have failed to provide care that meets the accepted medical standards.
- Causation: The breach of care must directly cause the patient’s injury or harm.
- Damages: The patient must have suffered damages as a result of the injury, such as physical pain, emotional distress, or financial loss.
When Can You Sue for Surgery Errors in New York?
Not every complication or bad outcome from surgery constitutes medical malpractice.
Medical procedures carry inherent risks, and sometimes, surgery may not go as planned due to factors outside the surgeon’s control. However, you may have grounds for a malpractice lawsuit if:
1. The Surgeon Was Negligent
If the surgeon made an error that deviated from the accepted standard of care—such as performing surgery on the wrong site, leaving surgical tools inside the body, or causing nerve damage through improper technique—you may have a case for medical malpractice.
2. Failure to Provide Adequate Informed Consent
Before surgery, patients must be informed of the potential risks and complications. If your surgeon did not adequately explain these risks or did not obtain your consent, you may have grounds to file a lawsuit for lack of informed consent.
3. Post-Surgery Complications Due to Negligence
If complications arise after surgery, such as infections or blood clots, and these complications are caused by improper care or failure to follow protocol, you may be entitled to pursue a claim.
4. Failure to Monitor During Surgery
Surgeons and their teams must monitor vital signs, anesthesia levels, and other critical factors during surgery. If a failure in monitoring leads to injury or death, you may have a valid claim.
Steps to Take if You Want to Sue for Medical Malpractice After Surgery
If you believe your surgery went wrong due to medical malpractice, there are several steps you should take:
1. Seek Medical Attention
If you notice any unusual symptoms or complications following your surgery, seek medical care immediately. It’s essential to document your injuries and receive proper treatment.
2. Obtain Your Medical Records
Request copies of your medical records, including surgical notes, anesthesia records, and post-surgical care information. These documents will serve as crucial evidence in your case.
3. Consult a Medical Malpractice Lawyer
A skilled New York medical malpractice attorney can help evaluate your case. They will work with medical experts to determine whether your surgeon’s actions deviated from accepted medical standards.
4. File the Lawsuit
If your lawyer determines you have a valid claim, they will help you file the lawsuit within the state’s statute of limitations for medical malpractice.
In New York, the statute of limitations is generally two and a half years from the date of the malpractice or from the date you discovered the injury.
The Role of Expert Witnesses in Medical Malpractice Cases
In New York, medical malpractice cases require expert testimony to establish that the healthcare provider breached the standard of care.
Medical experts, such as other surgeons, will review the details of your case and provide their opinion on whether your surgeon acted negligently.
This expert testimony is essential to prove that the surgeon’s error caused your injuries.
Potential Damages in Medical Malpractice Lawsuits
If your lawsuit is successful, you may be entitled to compensation for a variety of damages, including:
- Medical expenses: Costs of additional surgeries, hospital stays, and treatment for the injuries caused by the malpractice.
- Lost wages: If you are unable to work due to your injuries, you may recover lost wages.
- Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Loss of consortium: If your injury has affected your relationship with your spouse, you may be entitled to compensation for the loss of companionship and intimacy.
Understand Your Case
If your surgery went wrong due to medical negligence, you may be entitled to sue for medical malpractice in New York.
However, it is essential to understand that not all bad surgical outcomes are the result of malpractice.
Working with a qualified medical malpractice attorney can help you determine whether you have a valid case and guide you through the legal process.
