Serving Clients Throughout New York City for Close to 30 Years
There are quite a few common types of surgical accidents that can cause injury in a patient. Some of the most glaring scenarios where negligence is the cause arise in cases where the following occurs:
- Retained surgical instruments forgotten and left inside the patient;
- Surgery performed on the wrong part of the body; and / or
- Surgical procedure that does not address the diagnosis at all
- The surgery is unnecessary
- Anesthesia errors
The following can occur when limbs or organs are removed to fix a problem that does not exist, or exist in another patient. In other cases, the patient could be left with the bone infection Osteomyelitis or suffer from an organ puncture. These examples demonstrate a clear negligence, and make for strong court cases. Surgical injuries are an all-too-common part of surgical procedures that occur when a healthcare professional such as a doctor, nurse or surgeon commits a negligent mistake that causes injury to the patient. When a patient is injured in a surgical procedure due to a procedural accident, a bond of trust is broken that can never be repaired.
If you are wondering whether or not you have a case, have it reviewed by a professional. There are important details to consider and in order to prove your right to compensation to the court and it will be necessary to prove that the medical professional was at fault. You will need to be able to prove that they acted negligently, or in a manner other than how a prudent and reasonable personal would have. The three factors that need to be conveyed beyond reasonable doubt include the following:
- The medical professional owed a duty of care to the patient
- The standard of care was not met and the medical professional acted negligently
- As a result of their negligence, the compensable injury was suffered.
Helping the Victims of Surgical Errors
Unfortunately, there are no clear numbers as to how often these types of errors and injuries occur. States do not legally mandate that all medical professionals report how many errors occur and therefore many times, they never do. However, it is easy to see the consequences in the headlines of any newspaper or magazine. Throughout the years, there are stories running about seasoned professionals who removed the wrong organ, operating on the wrong limb or on the incorrect side of the patient entirely.
It is important to keep in mind that there is a very clear difference between what is deemed an “error” and what is just a “complication” of the surgery. Should the injury have been sustained because of factors that were outside of the surgeon’s control (for example, pre-existing health risks), they cannot be held liable for the injuries that were sustained. On the other hand, an error occurs when it is caused directly by the actions and decisions of the surgeon. For example, forgetting a tool in the patient, misplacing a suture or operating in the wrong site can all be attributed to the recklessness or carelessness of the doctor and they should be held accountable. Contact a Long Island surgical injury attorney for help in your injury case!