operating room and surgical lamp in a modern clinic through an open door

Patients who undergo surgery do so to treat a medical condition. Unfortunately, patients are injured or killed every year due to surgical errors. When a surgical error causes a patient’s injuries, he or she may be able to recover compensation through a medical malpractice lawsuit. Plaintiffs can pursue compensation for their medical expenses, lost income, pain and suffering, and other damages.

The attorneys at Dell & Dean, PLLC have been successfully representing surgical victims for decades. We’ve recovered millions of dollars in compensation for clients who negligent surgeons and anesthesiologists have injured. We have the professional network and financial resources to investigate effectively, gather evidence, and pursue compensation on behalf of our clients. Contact Dell & Dean, PLLC today to schedule a free case evaluation with one of our experienced attorneys.

Pursuing Compensation Through a Medical Malpractice Lawsuit For a Surgical Error on Long Island

If you’ve been injured because of a surgical error in New York, you will likely experience trauma, pain, and significant medical expenses. It is your right to be compensated if you or a family member has been injured by a negligent or reckless medical care provider. 

Pursuing a medical malpractice lawsuit can help you recover compensation for your incurred damages. Every surgical lawsuit is unique because no two cases are identical. Hospitals and medical malpractice insurance companies generally keep attorneys on staff to fight medical malpractice claims. Working with an attorney can level the playing field and help protect your rights while focusing on your recovery.

Who Is Liable for My Injuries?

Whether you pursue compensation through an insurance claim or a lawsuit, you must show that the defendant’s negligence or intentional behavior resulted in the surgical error that caused your injuries. Determining who is liable for your injuries is one of the first steps you’ll need to take to obtain the compensation you deserve.

There are hundreds of hospitals, outpatient centers, and surgery centers in New York. Many surgical facilities employ full-time staff but hire independent contractors as doctors and other healthcare providers. A team of healthcare providers may facilitate the surgeries, and multiple defendants may be liable for your injuries. 

In some cases, the manufacturer of the surgical tools may be liable for your injuries. For example, if a defective surgical instrument caused your injury during surgery, you may be able to bring a lawsuit against the manufacturer. The legal team at Dell & Dean, PLLC has the resources to carefully investigate your case, identify which party or parties are at fault, and develop an effective legal strategy.

Common Examples of Surgical Errors

Many different types of surgical errors can cause serious injuries. Some of the most common surgical errors include mistakes made during the administration of anesthesia, operating on the wrong body site, and injuries to the patient’s internal organs. Additionally, surgical errors can happen outside of the operation itself. For example, a surgical error could occur if a surgeon needs to spend more time understanding the patient’s medical history. 

Mistakes made by the anesthesiologist before the operation begins can cause severe injuries. Finally, surgeons are legally obligated to continue following up with patients immediately after the surgery and treat them if any complications arise.

Injuries Caused By Faulty Surgical Equipment

Surgeons have an obligation to use well-maintained, sterilized surgical equipment. They need to use appropriate surgical equipment in each surgery as well. When surgeons use questionable and dangerous equipment, they can cause injuries to their patients. The surgery staff should ensure that all instruments have been properly sanitized. They should also keep track of all the instruments used during the surgery to avoid anything being left inside the patient and causing infection.

Anesthesiology Errors

Anesthesiologists have an important role in the surgical process. When patients react to anesthesiology medication, the complications can be severe. Anesthesiologists need to spend time reviewing the patient’s medical history and allergies. They need to ensure that they provide the patient with the correct type and volume of anesthesia. They also must continuously monitor the patient’s oxygen-used heart rate during the surgery. Any mistakes made during anesthesia can result in devastating injuries or death.

Post-Surgical Complications

Infection is always a risk for patients who undergo surgery. Surgeons and their staff must monitor the patient to ensure they do not develop post-surgical infections. Misdiagnosing an infection after surgery can lead to more severe injuries or death. A surgeon should respond to any concerning symptoms their patients follow and effectively treat the infection. Nurses and staff who treat the patient during the post-surgery process must be aware of the potential for blood clots and mitigate those risks.

Compensation Available in Surgical Error Cases

Surgical injuries can result in devastating, long-term injuries. For example, if a surgeon makes an error and unintentionally severs a nerve in a patient’s spinal cord, the patient could experience partial or full paralysis. Similarly, anesthesiology errors can result in a patient being cut off from the oxygen supply and experiencing brain damage. Pursuing a personal injury lawsuit allows victims to recover the full amount of damages they’ve suffered because of the surgical error.

There are two main categories of damages in medical malpractice lawsuits: economic and non-economic. Economic damages cover easily quantifiable expenses, such as your additional medical expenses, both presently and in the future. They also cover loss of earnings, lost income, cost of extra care, and accommodation adjustments. If you need rehabilitation and assistive aids or devices, these expenses are also included. Non-economic damages cover the impact on your general well-being, such as compensation for disability, disfigurement, and pain and suffering.

Schedule a Free Case Evaluation with an Experienced Long Island Surgical Error Attorney

Surgeons have a legal obligation to conduct every surgery with care and attention. If you or your loved one were injured due to a surgical error, we have the knowledge and resources necessary to help. No case is too complex or challenging for our attorneys, as we have the resources and experience to represent you effectively. You only have a limited time to file a compensation claim, so the sooner you reach out to an attorney, the better. Contact Dell & Dean, PLLC today to schedule a free case evaluation.

Dell & Dean, PLLC represents surgical error victims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.