bronx surgical negligence lawyer lawsuits bronx hospitals

Surgical malpractice is a serious issue that impacts patients and their families, resulting in severe complications and injuries, long-term disabilities, or even death. In the Bronx, prominent hospitals such as Lincoln Medical and Mental Health Center and Montefiore Medical Center have been involved in surgical malpractice lawsuits that shed light on the consequences of medical negligence.

These lawsuits are critical in holding healthcare providers accountable and providing victims with the compensation they need to rebuild their lives. If you or someone you love has been a victim of surgical negligence at a Bronx hospital, you should consult with a proven and experienced Bronx medical malpractice attorney as soon as possible.

Failure to Recognize and Treat Post-Surgical Complications

One of the most common bases for surgical malpractice claims is the failure to diagnose and treat complications arising after surgery. A case involving Lincoln Medical and Mental Health Center highlighted this issue when a patient experienced severe abdominal pain and internal bleeding following a routine gallbladder removal procedure.

Despite exhibiting clear signs of distress, the hospital staff failed to order necessary imaging studies or perform exploratory surgery in a timely manner. The delay led to the patient's condition worsening, resulting in sepsis and multiple organ failure. The patient’s family filed a lawsuit, which resulted in a settlement exceeding $3 million to cover medical expenses, loss of income, and pain and suffering.

Retained Surgical Instruments

A highly publicized case against Montefiore Medical Center involved a surgeon who inadvertently left a surgical sponge inside a patient during a hysterectomy. The patient suffered from severe pain and infections for months before the error was discovered through imaging tests. By the time the sponge was removed, the patient had developed permanent damage to surrounding organs.

The lawsuit alleged negligence on the part of the surgical team for failing to follow standard counting protocols to ensure all surgical instruments were accounted for. This case settled for $2.8 million, underscoring the hospital's liability and the long-term harm caused by such oversight.

Wrong-Site Surgery

Wrong-site surgery is a devastating form of surgical malpractice that occurs when a procedure is performed on the wrong body part or even the wrong patient. In one instance at Lincoln Medical and Mental Health Center, a patient scheduled for knee surgery woke up to discover that the operation had been performed on the wrong leg.

The mistake caused the patient additional pain and required a corrective surgery on the appropriate leg, compounding the recovery period and financial burden. The victim successfully sued the hospital for $1.5 million, with the court emphasizing the lack of proper pre-operative verification protocols as a critical factor in the error.

Improper Use of Surgical Techniques

Another malpractice case against Montefiore Medical Center involved a patient undergoing spinal surgery who was left paralyzed due to improper surgical techniques. The surgeon failed to use the necessary imaging guidance to navigate the delicate structures of the spine, resulting in nerve damage.

The patient’s legal team argued that the surgeon deviated from accepted standards of care, and an expert medical witness supported this claim. The lawsuit concluded with a $5 million settlement, which accounted for the patient’s medical costs, loss of future earnings, and emotional distress.

Delayed Surgery Leading to Catastrophic Outcomes

Timely surgical intervention is often critical, particularly in emergency situations. A lawsuit against a Bronx hospital involved a patient who presented at the emergency room with acute appendicitis. Despite clear indications of the need for urgent surgery, the hospital delayed the procedure by more than 24 hours due to an alleged administrative backlog.

The delay caused the appendix to rupture, leading to widespread infection and long-term health complications. The case resulted in a $2.2 million settlement, emphasizing the importance of timely care in preventing avoidable harm.

Anesthesia Errors

Errors involving the administration of anesthesia are another frequent source of surgical malpractice claims. In a case at Montefiore Medical Center, a patient experienced brain damage due to prolonged oxygen deprivation during a routine procedure. The anesthesiologist failed to properly monitor the patient’s vital signs, leading to a critical delay in responding to the oxygen deprivation.

The patient’s family filed a wrongful death lawsuit, which resulted in a $6 million settlement. This case highlighted the importance of vigilance and adherence to protocols in ensuring patient safety during surgery.

Surgical Malpractice in Pediatric Cases

Pediatric surgeries require an added level of care and precision due to the unique anatomy and physiological needs of children. A case filed against Lincoln Medical and Mental Health Center involved a toddler who suffered permanent vision loss following a poorly performed procedure to correct a congenital eye condition.

The surgeon failed to account for the patient’s age-specific needs, leading to excessive damage to surrounding tissues. The family was awarded $3.7 million in damages, including funds for the child’s future medical care and educational needs.

Surgical malpractice lawsuits in the Bronx, particularly those involving prominent hospitals like Lincoln Medical and Mental Health Center and Montefiore Medical Center, reveal the devastating impact of medical negligence. These cases serve as a stark reminder of the responsibilities that medical professionals and institutions owe to their patients.

Victims of surgical malpractice have the legal right to pursue justice and compensation for their suffering. If you or a loved one has been harmed by surgical negligence, be prepared to get legal representation from an experienced medical malpractice lawyer in the Bronx, NY to hold the negligent parties liable for maximum damages.

List of Hospitals and Medical Centers in the Bronx, NY

Here is a comprehensive list of hospitals and medical centers in the Bronx, New York, along with their names, addresses, and phone numbers:

1. BronxCare Health System (formerly Bronx-Lebanon Hospital Center)
Address: 1650 Grand Concourse, Bronx, NY 10457
Phone: (718) 590-1800

Additional Location:
Address: 1276 Fulton Avenue, Bronx, NY 10456
Phone: (718) 901-8600

2. Montefiore Medical Center - Moses Campus
Address: 111 East 210th Street, Bronx, NY 10467
Phone: (718) 920-4321

Additional locations:

  • Montefiore Medical Center - Einstein Campus
    Address: 1825 Eastchester Road, Bronx, NY 10461
    Phone: (718) 904-2000
  • Montefiore Medical Center - Wakefield Campus
    Address: 600 East 233rd Street, Bronx, NY 10466
    Phone: (718) 920-9000

3. St. Barnabas Hospital (SBH Health System)
Address: 4422 Third Avenue, Bronx, NY 10457
Phone: (718) 960-9000

4. Jacobi Medical Center
Address: 1400 Pelham Parkway South, Bronx, NY 10461
Phone: (718) 918-5000

5. Calvary Hospital
Address: 1740 Eastchester Road, Bronx, NY 10461
Phone: (718) 518-2000

6. North Central Bronx Hospital
Address: 3424 Kossuth Avenue, Bronx, NY 10467
Phone: (718) 519-5000

7. NYC Health + Hospitals/Gotham Health, Morrisania
Address: 1225 Gerard Avenue, Bronx, NY 10452
Phone: (718) 960-2781

8. NYC Health + Hospitals/Lincoln
Address: 234 East 149th Street, Bronx, NY 10451
Phone: (718) 579-5000

9. Bronx Veterans Affairs Medical Center (James J. Peters VA Medical Center)
Address: 130 West Kingsbridge Road, Bronx, NY 10468
Phone: (718) 584-9000

10. Union Community Health Center
Address: 260 East 188th Street, Bronx, NY 10458
Phone: (718) 220-2020

11. Montefiore Westchester Square Medical Center
Address: 2475 St. Raymond Avenue, Bronx, NY 10461
Phone: (718) 430-7300

12. Montefiore Children's Hospital
Address: 3415 Bainbridge Avenue, Bronx, NY 10467
Phone: (718) 741-2426

13. NYC Health + Hospitals/Gotham Health, Belvis
Address: 545 East 142nd Street, Bronx, NY 10454
Phone: (718) 579-4000

14. Parkchester Medical Services
Address: 1873 Westchester Avenue, Bronx, NY 10472
Phone: (718) 589-4755

15. Bronx Park Medical Pavilion
Address: 2016 Bronxdale Avenue, Bronx, NY 10462
Phone: (718) 892-1800

16. Riverdale Mental Health Association
Address: 5676 Riverdale Avenue, Bronx, NY 10471
Phone: (718) 796-5300

This list includes major hospitals, medical centers, and community health facilities in the Bronx. For the most accurate and updated information, it is recommended to contact the institutions directly.

Example Scenarios of Surgical Malpractice in Bronx Hospitals

Surgical malpractice in Bronx hospitals can arise from a variety of errors and oversights that occur during or after surgical procedures. These incidents may result in serious harm to patients and legal consequences for the responsible parties. Here are some example scenarios of surgical malpractice that could occur in hospitals such as Montefiore Medical Center, Lincoln Medical and Mental Health Center, and others in the Bronx.

Retained Surgical Instruments

In some cases, surgical teams fail to account for all instruments, sponges, or other items used during the procedure, leaving them inside the patient’s body. This can cause severe complications, including infections or organ damage.

  • Scenario Description: A patient undergoes abdominal surgery at a Bronx hospital. Weeks later, they experience severe pain and fever. Imaging studies reveal that a surgical sponge was left inside the patient, leading to an abscess.
  • Potential Consequences: Emergency surgery to remove the retained item, long-term health complications, and significant emotional distress.
  • Legal Considerations: The hospital and surgical team could be held liable for failing to adhere to standard operating room procedures, such as surgical counts.

Incorrect Procedure Performed

Performing the wrong surgical procedure is a catastrophic error that can lead to permanent injuries or even death.

  • Scenario Description: A patient scheduled for a laparoscopic gallbladder removal at Lincoln Medical is mistakenly prepped for a colon surgery due to mislabeling of medical records. The incorrect surgery causes damage to the bowel and requires additional corrective surgeries.
  • Potential Consequences: Prolonged hospital stays, additional surgeries, psychological trauma, and a diminished quality of life.
  • Legal Considerations: A skilled Bronx surgical negligence lawyer may be able to hold the surgical team and hospital administration liable for negligence in verifying the procedure and patient identity.

Anesthesia Errors

Anesthesia errors, such as incorrect dosage or failure to monitor the patient, can lead to devastating outcomes.

  • Scenario Description: During an orthopedic surgery at Montefiore Medical Center, the anesthesiologist administers an overdose of anesthesia, causing the patient to suffer from a prolonged lack of oxygen, resulting in brain damage.
  • Potential Consequences: Permanent cognitive impairments, loss of motor skills, and the need for lifelong care.
  • Legal Considerations: Liability may rest with the anesthesiologist, surgical team, and hospital for failing to provide proper monitoring and care.

Surgical Site Infections (SSIs)

Failure to maintain a sterile environment during surgery can lead to infections at the surgical site, sometimes causing life-threatening complications.

  • Scenario Description: A patient undergoes knee replacement surgery at St. Barnabas Hospital. Due to improper sterilization of surgical tools, the patient develops a severe infection, necessitating additional surgeries and long-term antibiotic treatment.
  • Potential Consequences: Extended recovery periods, potential amputation, and chronic pain.
  • Legal Considerations: The hospital could face lawsuits for failing to uphold basic sanitation and infection prevention standards.

Nerve Damage During Surgery

Nerve injuries can occur when surgeons inadvertently sever or compress nerves during a procedure.

  • Scenario Description: A patient undergoes a spinal fusion surgery at Jacobi Medical Center. Post-surgery, they experience loss of sensation and movement in their legs due to accidental severing of a nerve during the operation.
  • Potential Consequences: Permanent paralysis, chronic pain, and an inability to work or perform daily activities.
  • Legal Considerations: A knowledgeable Bronx surgical malpractice attorney can hold the surgeon and the hospital accountable for failing to exercise reasonable care during the operation.

Failure to Address Post-Surgical Complications

Negligence can also occur after the surgery if healthcare providers fail to recognize and treat complications in a timely manner.

  • Scenario Description: After undergoing heart surgery at North Central Bronx Hospital, a patient develops internal bleeding. Despite showing symptoms such as low blood pressure and abdominal pain, the medical staff delays diagnostic imaging, leading to cardiac arrest.
  • Potential Consequences: Fatal outcomes, additional surgeries, and significant pain and suffering.
  • Legal Considerations: The hospital may be liable for failing to provide adequate post-operative monitoring and care.

Operating on the Wrong Body Part

One of the most egregious forms of surgical malpractice occurs when the surgeon operates on the wrong body part due to miscommunication or mislabeling.

  • Scenario Description: A patient scheduled for left knee surgery at Calvary Hospital wakes up to find that the procedure was performed on their right knee. This mistake not only fails to address their initial problem but also causes additional damage.
  • Potential Consequences: Prolonged recovery, multiple corrective surgeries, and emotional distress.
  • Legal Considerations: This is a clear case of negligence, and the patient is likely entitled to significant compensation for damages.

Improper Use of Surgical Devices

Errors in using surgical devices, such as robotic-assisted tools, can result in severe injuries.

  • Scenario Description: During a robotic-assisted hysterectomy at Montefiore Medical Center, the surgeon incorrectly calibrates the device, leading to perforation of the uterus and nearby organs.
  • Potential Consequences: Internal bleeding, infections, and potential infertility.
  • Legal Considerations: Liability may extend to the surgeon, medical staff, and even the device manufacturer if the equipment was defective.

Lack of Informed Consent

Patients have a right to be informed about the risks, benefits, and alternatives to a surgery. Failing to provide this information can lead to claims of malpractice.

  • Scenario Description: A patient undergoes a cosmetic surgery at a Bronx facility without being informed of the potential risk of nerve damage. When nerve damage occurs, the patient claims they would not have agreed to the procedure had they been properly informed.
  • Potential Consequences: Physical and emotional trauma, diminished quality of life, and potential legal recourse.
  • Legal Considerations: The surgeon and hospital may face lawsuits for failing to obtain proper informed consent.

Failure to Remove a Diseased Organ Completely

Incomplete removal of a diseased organ can lead to recurrence of the problem and additional health complications.

  • Scenario Description: A patient undergoes a partial thyroidectomy at Lincoln Medical. Due to surgical negligence, cancerous tissue is left behind, requiring further treatment and surgeries.
  • Potential Consequences: Progression of the disease, additional costs, and emotional distress.
  • Legal Considerations: The surgical team may be liable for failing to adhere to established medical standards during the procedure.

Unnecessary Surgery Due to Misdiagnosis

Performing a surgery that was not medically necessary due to an incorrect diagnosis can cause physical harm and emotional distress.

  • Scenario Description: A patient at Montefiore Medical Center is misdiagnosed with appendicitis and undergoes an unnecessary appendectomy. Post-surgery, it is discovered that the patient’s symptoms were due to a gastrointestinal infection that could have been treated non-surgically.
  • Potential Consequences: Avoidable surgical risks, scarring, prolonged recovery, and emotional trauma.
  • Legal Considerations: The diagnosing physician and hospital may be held liable for negligence in misdiagnosing the condition and subjecting the patient to unnecessary surgery.

Improperly Administered Post-Surgical Pain Management

Inadequate or excessive pain management following surgery can result in severe complications or unnecessary suffering.

  • Scenario Description: After a major orthopedic surgery at Lincoln Medical, a patient is given an opioid dosage that is far too high, leading to an overdose. The patient suffers cardiac arrest and permanent brain damage.
  • Potential Consequences: Life-threatening complications, ongoing medical treatment, and emotional trauma for the patient and their family.
  • Legal Considerations: The hospital and medical staff responsible for administering medication may face malpractice claims for failing to adhere to established pain management protocols.

Delayed Emergency Surgery Due to Hospital Staff Negligence

A failure to act promptly in a medical emergency can result in preventable harm or death.

  • Scenario Description: A patient at Jacobi Medical Center is admitted with signs of an intestinal blockage requiring emergency surgery. Due to miscommunication among staff, the surgery is delayed by several hours, resulting in bowel perforation and sepsis.
  • Potential Consequences: Prolonged hospital stays, additional surgeries, and a significant decrease in quality of life.
  • Legal Considerations: With help from an experienced medical negligence lawyer in the Bronx, NY, you can hold the hospital and responsible staff liable for negligence in delaying the urgent procedure.

Failure to Properly Close Surgical Incisions

Improper closure of surgical wounds can lead to serious infections or other complications.

  • Scenario Description: During a cesarean section at St. Barnabas Hospital, a surgeon fails to properly close the incision, leading to the wound reopening and becoming infected. The patient requires additional surgeries and extensive antibiotic treatment.
  • Potential Consequences: Long-term scarring, delayed recovery, and emotional distress.
  • Legal Considerations: The surgeon and hospital may be held accountable for failing to follow standard surgical protocols.

Surgery Performed by an Unqualified or Unlicensed Practitioner

Patients place their trust in the expertise of their surgical team, and allowing unqualified practitioners to perform surgeries is a severe breach of that trust.

  • Scenario Description: At North Central Bronx Hospital, a patient undergoes gallbladder surgery, only to later discover that a surgical resident who lacked proper qualifications performed the procedure unsupervised, resulting in bile duct damage and severe complications.
  • Potential Consequences: Prolonged recovery, additional corrective surgeries, and permanent organ damage.
  • Legal Considerations: Both the hospital and supervising medical staff may face significant legal consequences for allowing an unqualified practitioner to perform the surgery.

These example scenarios demonstrate the devastating impact surgical malpractice can have on patients’ lives and underscore the importance of accountability in Bronx hospitals.

Steps Our Bronx Medical Malpractice Lawyers Will Take to Recover Maximum Damages

Initial Free Consultation and Case Evaluation

When you contact our Bronx surgical malpractice attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, we will begin with a free, no-obligation consultation to understand your case. Our team will evaluate the details of your surgical experience, including the hospital where the malpractice occurred, such as Montefiore Medical Center, Lincoln Medical and Mental Health Center, or other Bronx facilities.

Our Bronx, NY surgical negligence attorneys will assess your medical records, review the standard of care provided, and determine whether negligence played a role in your injuries. This initial step sets the foundation for building a strong claim for compensation.

Obtaining and Analyzing Medical Records

Our attorneys will obtain all relevant medical records from the Bronx hospital or surgical center involved in your treatment. This includes pre-operative, intra-operative, and post-operative documentation. We collaborate with top medical experts who specialize in identifying surgical errors and deviations from standard medical practices.

Whether the malpractice involved a botched surgery, a misdiagnosis leading to unnecessary surgery, or improper post-operative care, these experts will pinpoint the failures and provide compelling testimony.

Investigating the Bronx Hospital or Surgeon

We conduct a thorough investigation into the hospital or surgeon responsible for the malpractice. Bronx hospitals like Jacobi Medical Center or St. Barnabas Hospital are large institutions, and negligence can stem from systemic issues such as understaffing, improper training, or faulty equipment.

Our Bronx medical malpractice lawyers will examine the surgeon’s credentials, previous malpractice claims, and the hospital's safety record. If we discover patterns of negligence, we use this information to strengthen your case.

Filing a Claim and Negotiating with Insurers

Once we have collected and analyzed the evidence, we file a surgical malpractice claim with the responsible parties and their insurance providers. We leverage our extensive experience in Bronx malpractice cases to negotiate aggressively for maximum compensation.

Insurance companies often attempt to minimize payouts, but our attorneys are well-versed in countering their tactics. We present detailed evidence and demand fair compensation for your medical expenses, pain and suffering, lost wages, and other damages.

Taking Your Case to Court if Necessary

If the negligent party or their insurer refuses to provide an adequate settlement, our Bronx surgical malpractice attorneys will not hesitate to take your case to trial. With over a century of legal experience and a proven track record of success in New York courts, our attorneys are prepared to fight for your rights before a judge and jury. We ensure that every aspect of your claim is diligently prepared, from presenting expert testimony to documenting the lifelong impact of your injuries.

Maximizing Compensation for All Damages

Our goal is to secure maximum compensation for all the losses you have suffered. This includes past and future medical expenses, pain and suffering, lost wages, diminished earning capacity, and any costs associated with long-term care. We understand the unique challenges faced by Bronx residents and tailor our legal strategy to account for the local economic and healthcare landscape.

Providing Ongoing Support Throughout the Process

At Rosenberg, Minc, Falkoff & Wolff, LLP, we believe that legal representation extends beyond filing a claim. We provide ongoing support to ensure our clients feel informed and empowered throughout the legal process. Our Bronx med mal attorneys are available to address any concerns or questions as we work toward achieving the best possible outcome for your case.

Backed by our extensive experience in surgical negligence claims and a formidable record of multi-million dollar settlements and verdicts, our Bronx medical malpractice attorneys are strongly positioned to hold negligent surgeons and healthcare institutions accountable and recover the largest possible compensation for the injuries and losses you have endured. To schedule your free consultation, call us at 212-344-1000 or contact us online.

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