Even in the best of circumstances, undergoing surgery is daunting. When patients find out post-operation that their surgeon operated on the wrong site, they may not know where to turn for answers. If you or your loved one have been the victim of a wrong site operation in New York, you may be entitled to compensation through a medical malpractice lawsuit.
At Dell & Dean, PLLC, our Garden City wrong-site surgery attorneys have extensive experience representing victims of surgical errors. We will carefully investigate your case, gather evidence, and negotiate for the full and fair amount of compensation for your injuries. Contact Dell & Dean, PLLC to schedule a free case evaluation.
Examples of Wrong-Site Operations
Wrong-site surgery is a type of medical malpractice and negligence that can be a deeply traumatic experience for patients. When surgeons operate on the wrong site, the victim can pursue compensation for medical expenses, past and future lost wages, pain and suffering, and other expenses related to his or her injuries. You’ll benefit from speaking to a skilled attorney if you’ve undergone surgery for the wrong body part or endured an unnecessary operation. The following are the most common examples of wrong-site surgical incidents:
- An operation on an incorrect organ
- An operation or implant on the patient’s wrong limb
- An operation on the patient’s wrong side of the body
- An operation was performed on the wrong patient
Why Are Wrong-Site Operations So Dangerous?
Wrong-site surgery is one of the most egregious and dangerous types of medical malpractice. Patients can suffer serious injuries or death when a surgeon conducts surgery on the wrong patient, side of the body, body part, or surgical site. The patient may suffer permanent disability and ongoing medical complications and require additional corrective surgeries. Pursuing a medical malpractice lawsuit allows victims to pursue the following damages:
- Related medical expenses
- Expenses for revision surgery or surgeries, when necessary
- Scarring and disfigurement
- Emotional distress
- Pain and suffering
- Lost wages
- Damages connected to a disability
- Attorney’s fees
Wrong Site Surgeries Are an Example of Negligence
In many cases, wrong-site surgery directly results from inattention and negligence on the surgeon’s part. There isn’t a logical reason a trained medical specialist should cause a patient to undergo unnecessary, invasive procedures while exposing her to severe injuries and fatality risks.
If you discover that you’ve been the victim of a surgeon’s wrong-site surgery, you have a limited amount of time to file a claim for compensation. Doctors who operate on the wrong patient or body part virtually always engage in negligence. Reasonable doctors should take time to verify they are operating on the correct patient or location before they begin the procedure.
What Should I Do After Becoming Injured?
You may quickly realize you’ve been the victim of a wrong site operation. In other cases, the surgical error may not be immediately obvious. Whether you know or suspect you’ve been the victim of surgical malpractice, it’s crucial that you discuss your case with an attorney as soon as possible. Wrong-site cases are complex. An experienced attorney can help you immediately begin investigating your case.
The longer you wait to speak to an attorney, the more difficult it can become to obtain important evidence proving the surgeon made an error. It’s crucial that you speak to an attorney immediately upon discovering a surgical error. You may have a very short period to file a notice of claim for your injury, depending on the facts of your case and where the negligence occurred. Speaking to a Long Island wrong-site attorney in the earliest stages of the legal process is crucial. The qualified attorneys at Dell & Dean, PLLC will investigate your claim, develop a comprehensive case strategy, and help you identify an expert medical witness.
Who Is Liable for Injuries Caused By a Wrong Site Operation?
Generally, the surgeon responsible for the wrong site operation is liable for the patient’s injuries. Surgeons are the individuals responsible for preparing for the operation, which should include checking the patient’s medical records and hospital chart and properly communicating with the medical team. Surgeons are responsible for incisions on the correct patient and surgical site location. Neglecting to fulfill these responsibilities can cause serious injuries
Some surgeons are considered independent contractors while others are hospital or surgical center employees. If the surgeon was considered independent when he or she conducted your operation, you could pursue a lawsuit against the surgeon independently. In this case, the surgeon’s personal insurance company would be responsible for paying you compensation for the harm you suffered because of the medical error.
Pursuing a Claim Against the Hospital or Surgical Center
A patient can pursue a claim against the medical center, hospital, emergency room, or surgical staff member for wrong-site surgery. Bringing a claim against the facility could result in greater financial compensation than pursuing a claim against the individual surgeon or another medical staff member.
In some cases, wrong-site surgeries aren’t the surgeon’s fault but the fault of another staff member. For example, the surgeon’s assistant may have provided the surgeon with incorrect information. A nurse may have mixed up the patients’ charges. Most often, medical staff are employees of the surgical center or hospital. Under the legal doctrine of vicarious liability, patients can pursue legal claims against the hospital for injuries caused by its negligent staff members.
Discuss Your Case with a Long Island Wrong Site Operation Attorney
If you’ve been the victim of a wrong site operation, the skilled litigators at Dell & Dean, PLLC are here to help. We will learn more about the facts in your case, answer any questions you have, and help you investigate your case and gather evidence. We will help you identify expert medical witnesses and work with financial and medical experts to determine the full and fair amount of compensation you need. Contact Dell & Dean, PLLC to learn more about how our attorneys can help you recover the resources and assistance you need and deserve.