Can I Sue a Doctor for Medical Errors After My Surgery Went Bad?

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Orthopedic treatments may be beneficial after a medical incident. You want to ensure proper healing. Keep in mind, every surgical procedure involves its own set of inherent risks and you may have even signed a patient’s consent form. If you are the victim of a failed surgery, specifically a procedure that had avoidable mistakes, you’re likely wondering if you should seek legal counsel.

Howard Fensterman is a prominent philanthropist and lawyer in the New York area who specializes in healthcare and financial malpractice law. He serves on the New York State Public Health council. After reading the following, you are more than welcome to call him with any questions or concerns regarding your poor medical experience.

If you are experiencing unpleasant symptoms that are considered to be normal risks of after-surgery, you will be unable to proceed legally. In fact, only some surgical errors allow for legal recourse. Below you will find a few types of common medical malpractice — all of which will give you solid grounds for a potential lawsuit.

Infection: Every infection that occurs after surgery is painful, but this doesn’t necessarily mean you are eligible to sue your doctor or the hospital. If you developed an infection due to unsanitary surgical instruments being used, now is the time to request a consultation with Mr. Fenstermen.

Wrong-Site Surgery: This horrific type of medical malpractice occurs when the surgeon carelessly performs surgery on the wrong body part, organ, or bone. Sometimes it’s on the entirely wrong side of the body.

Unneeded Surgery: If an orthopedic doctor told you that medical surgery was necessary when you didn’t require surgery at all, you might be subjected to complications afterward. Most often, the doctor believes the surgery to be necessary. Although, his/her beliefs do not excuse their poor judgment. Other times, unnecessary surgery is a result of brain fog due to hospitals’ overworking their medical staff. Remember, the hospital where the surgery took place is also liable.

Surgical Instruments Left Inside the Body: This type of failed surgery indicates that a surgical instrument was negligently left inside of a patient’s body, organs, bones, or joints after completion. New York has a statute of limitations for the medical malpractice of this specific nature. The victim must take legal action within one year of the surgery.

Nerve or Organ Damage: This happens when a surgeon’s instrument nicks a nerve or organ, damaging the affected area. Sometimes, nerve damage can result from the anesthesia used to sedate the patient. Symptoms of nerve damage include numbness, aches, or shooting pain. Organ damage can lead to various life-long health issues. In severe cases, it can result in death.

Wrong Patient: Sadly, operating on the wrong patient happens outside of soap operas and right here in the real world. This is one of the most careless blunders a surgeon could make. Inevitably, a mistake of this sort will almost always lead to a successful lawsuit. When a surgeon operates on the wrong patient, the actual patient might not receive the surgery they needed. The patient who endured the trauma of undergoing a surgical procedure that wasn’t meant for them will also suffer consequences. In this case, both of the patients are victims of medical malpractice and they may require physical therapy or secondary surgery.

When you’re pondering the idea of calling an attorney after a failed surgery or medical treatment, realize that this isn’t a black or white situation. It is more of a gray area. The most efficient way to determine if you have been wronged by the medical community, from a legal standpoint, is consulting with Mr. Fensterman.

In the state of New York, the medical malpractice statute of limitations usually allows victims of failed surgeries up to 30 months from the time of injury to file legal paperwork. With that being said, NY has a number of expectations directly related to this time-frame. The best time to request counsel is as soon as possible. Long Island and NYC residents, call Howard Fensterman’s law firm today for more information.