NYC’s Leading Medical Malpractice Lawyer for Surgical Complications

Surgical procedures, even routine ones, come with inherent risks, which is why patients rely on their surgical teams to act swiftly and competently in the face of unexpected complications. Unfortunately, in some instances, surgical staff may fail to recognize or respond appropriately to complications during surgery, leading to severe patient harm.

In New York, where hospitals and medical institutions are among the best in the world, surgical malpractice cases still occur due to a failure to detect and address intraoperative issues. To take on powerful hospitals and large insurance companies for your medical negligence claims, you need a top-rated medical and surgical malpractice attorney on your side.

What are Surgical Complications?

Surgical complications can arise from a variety of factors, including the patient’s medical history, the complexity of the procedure, equipment malfunction, or unforeseen developments during surgery. Some complications are expected in high-risk surgeries and are managed through careful planning and rapid response when they occur. Based on this, when the surgical team fails to recognize or address these complications promptly, the consequences can be catastrophic.

Common surgical complications that require prompt recognition include:

• Hemorrhage: Excessive bleeding during surgery can lead to shock, organ failure, or death if not controlled.
• Infection: Although infection is a known risk of surgery, the failure to detect early signs can result in severe sepsis or the need for additional surgeries.
• Anesthesia Complications: Mismanagement of anesthesia can result in brain damage, coma, or death.
• Organ Perforation: Inadvertent damage to organs during surgery requires immediate attention to prevent further harm.
• Blood Clots: Blood clots that form during surgery, particularly in veins or arteries, can travel to the lungs or heart, leading to fatal complications.

When these or other complications arise during surgery, it is the duty of the surgical team to recognize and address them immediately. A failure to do so can be considered surgical malpractice, particularly when the complication is detectable and treatable in the context of the procedure.

Failure to Recognize Complications: Common Surgical Malpractice Cases in New York Hospitals

New York hospitals manage a wide range of surgical procedures, from routine operations to highly complex surgeries. While most surgeries proceed without incident, there are instances where medical professionals fail to recognize and promptly address complications, leading to severe injury or death. Here are examples of common medical and surgical malpractice cases related to unrecognized complications in New York hospitals.

Cardiac Surgery Complications

Cardiac surgeries are some of the most complex and delicate procedures performed in medical facilities. Even seemingly minor issues like irregular heart rhythms, clotting problems, or inadequate blood flow to the heart can escalate quickly. When surgeons and their staff members fail to monitor or promptly address complications like aortic dissection, pericardial effusion, or coronary artery blockage, the patient could face devastating outcomes such as stroke, heart attack, or death. In such cases, the failure to act swiftly can constitute surgical malpractice, particularly in procedures like coronary artery bypass grafting (CABG) or heart valve replacements.

Brain Surgery Errors

Brain surgeries are among the highest-risk procedures, given the complexity and sensitivity of the central nervous system. Even small mistakes can result in catastrophic injuries, including paralysis, seizures, or cognitive impairments. Common complications include brain swelling, hemorrhaging, or the development of blood clots. When medical teams fail to recognize signs of a stroke, aneurysm rupture, or increased intracranial pressure following surgery, the patient may suffer irreversible damage or death.

Orthopedic Surgery Errors

Orthopedic surgeries, such as joint replacements or spinal surgeries, come with a unique set of risks. Surgeons working in this field must operate near vital nerves and blood vessels, making precision critical. Failure to recognize nerve damage during surgery can result in permanent loss of function or chronic pain. Similarly, if excessive bleeding occurs in a joint replacement or spinal fusion surgery and is not addressed immediately, it can lead to compartment syndrome, deep vein thrombosis, or even death. These complications often result in long-term disability or the need for further corrective surgeries, turning what was intended as a life-improving operation into a permanent injury.

Laparoscopic Surgery Complications

Laparoscopic surgery, often called minimally invasive surgery, is a procedure that involves small incisions and the use of specialized instruments to operate inside the body. While it has numerous advantages over open surgery, such as shorter recovery time and less scarring, it carries risks like organ perforation or internal bleeding. Failure to recognize a perforation of the bowel or other internal organs during laparoscopic procedures can result in severe infections (sepsis), abscesses, or uncontrolled internal bleeding. If a surgeon does not immediately identify these complications, the patient may suffer from life-threatening conditions requiring additional surgeries and extended hospital stays.

C-section and Birth Complications

Surgical complications during childbirth, particularly C-sections, pose severe risks to both the mother and baby. Medical staff must monitor for signs of excessive blood loss or infection during and after the procedure. If surgical teams fail to identify signs of uterine rupture, placental abruption, or fetal distress, the consequences can be fatal. Failure to manage complications like postpartum hemorrhage can leave a new mother at risk of serious injury or death. Additionally, delays in recognizing fetal distress may lead to long-term birth injuries such as cerebral palsy or other neurological disorders.

Colon and Rectal Surgery Complications

Colon and rectal surgeries, such as resections or the removal of cancerous tissues, are highly sensitive procedures that involve the risk of accidental perforation or leaks at the surgical site. If a surgeon fails to identify and repair a leak at the site where the bowel was reconnected, the patient could develop peritonitis, a life-threatening infection. Surgical malpractice claims can arise when the medical staff does not promptly recognize these complications, leading to additional surgeries, prolonged hospital stays, or even fatal infections.

Hemorrhage (Excessive Bleeding)

Uncontrolled bleeding is one of the most dangerous complications in surgery. It can occur during almost any procedure, particularly in operations involving major organs or blood vessels. If the surgical team fails to recognize hemorrhaging promptly, it can lead to hypovolemic shock, organ failure, or death. Timely detection and intervention are critical, and the failure to act constitutes surgical malpractice.

Infection

Infections are a known risk in any surgery, but the failure to detect early signs can lead to severe complications. For example, sepsis is a life-threatening condition that can result when infection spreads throughout the body. Infections can also cause surgical site abscesses, requiring additional surgeries and treatments. Surgeons and hospital staff must remain vigilant for signs of infection, including fever, swelling, and abnormal drainage, and treat them aggressively to prevent life-threatening outcomes.

Anesthesia Complications

Anesthesia errors, such as administering too much or too little anesthetic, can lead to catastrophic consequences. If anesthesia is not managed properly, patients can experience severe complications like brain damage, heart attacks, or respiratory failure. A delay in recognizing an adverse reaction to anesthesia or improper airway management can also result in coma or death. Anesthesia malpractice cases often hinge on the failure to recognize and immediately address these life-threatening complications.

Organ Perforation

Organ perforation is an accidental injury to internal organs during surgery, most often occurring in abdominal or pelvic surgeries. If the surgeon fails to recognize that they have perforated the bowel, bladder, or other organs, the contents of these organs can leak into the surrounding tissues, causing infections, sepsis, or organ failure. Immediate recognition and repair of the perforation are essential to prevent these severe outcomes.

Blood Clots

Blood clots can form during or after surgery, particularly in veins or arteries. If not identified and treated quickly, a blood clot can travel to the lungs (pulmonary embolism) or heart, resulting in fatal complications. Medical staff must closely monitor patients for signs of deep vein thrombosis (DVT) or other clot-related issues following surgery. The failure to do so can lead to life-threatening conditions that would otherwise be preventable.

Ischemia (Lack of Blood Flow)

Ischemia occurs when there is inadequate blood flow to an organ or tissue during surgery, causing oxygen deprivation and potential tissue death. This complication often arises in surgeries involving blood vessels, such as vascular or cardiac procedures. If ischemia is not recognized and treated quickly, it can result in permanent organ damage or failure. Failing to detect and address ischemia during or after surgery can lead to significant malpractice claims.

Air Embolism

Air embolism is a rare but potentially fatal complication that occurs when air enters the bloodstream during surgery. This air can block blood vessels, preventing oxygen from reaching vital organs. If the surgical team fails to recognize the signs of an air embolism (such as sudden drops in blood pressure or oxygen levels) it can result in stroke, heart attack, or death. Quick intervention is required to remove the air and restore normal blood flow.

Foreign Object Retention

In some unfortunate cases, surgical instruments or sponges are inadvertently left inside a patient's body. If not discovered and removed, these foreign objects can lead to severe infections, pain, and complications that require further surgery. Failing to identify and address foreign object retention is a clear case of surgical malpractice and can have serious long-term consequences for the patient.

Pneumothorax (Collapsed Lung)

In surgeries involving the chest or upper abdomen, a puncture of the lung can result in pneumothorax, or a collapsed lung. If this condition is not recognized and treated promptly, it can cause respiratory failure or other serious health complications. Pneumothorax is particularly common in procedures like thoracic surgery or biopsies involving the chest cavity.

Why Surgical Complications Go Unrecognized in New York Hospitals?

There are numerous reasons why complications during surgery go unrecognized, which can have devastating consequences for patients. The failure to promptly identify and address issues can stem from human error, systemic flaws in hospital operations, or technological failures.

Inexperience or Lack of Training

Inexperience or lack of adequate training is one of the leading causes of unrecognized surgical complications. Surgeons, particularly in teaching hospitals, may not have the level of expertise required to recognize subtle, early signs of complications.

In hospitals where residents or junior staff are given significant responsibility under supervision, there may be instances where less experienced doctors miss critical warning signs. Even subtle changes in a patient’s vital signs or physical condition can indicate a developing complication, and inexperienced medical staff may fail to notice these signs or understand their significance.

For instance, in complex procedures such as neurosurgery or cardiac surgery, a surgeon with limited experience may not immediately recognize the onset of issues like cerebral swelling or irregular heart rhythms, both of which require immediate intervention. In such cases, surgical malpractice claims may focus on whether the supervising surgeon provided adequate oversight and whether the surgical team met the standard of care.

Communication Breakdowns

Surgical procedures are highly collaborative, requiring flawless communication between various medical professionals, including the surgeon, anesthesiologist, scrub nurses, and other assisting staff.

Communication breakdowns—whether due to unclear instructions, misinterpretations, or simple oversight—can lead to complications being overlooked. For instance, the anesthesiologist may detect early signs of a problem, such as dropping oxygen levels or irregular heartbeat patterns, but if they fail to communicate these issues effectively to the surgeon, the response to the complication may be delayed.

The “surgical pause” (a pre-procedure protocol to ensure all team members are aligned on the patient’s needs) is designed to prevent such errors. Taking this into account, if this protocol is not rigorously followed, team members may not be fully aware of what to monitor during surgery, leading to preventable errors and surgical complications going unrecognized.

Overconfidence or Complacency

Surgeons who frequently perform routine procedures may become overly confident or complacent, reducing their vigilance during surgery. This overconfidence can be especially dangerous when unexpected complications arise. Even the most routine surgeries can result in unforeseen issues, such as an allergic reaction to anesthesia or internal bleeding. When medical professionals become complacent, they may dismiss early warning signs or delay in taking necessary corrective action.

Complacency is a significant risk in surgeries that have a high success rate or are perceived as low-risk, such as hernia repairs or gallbladder removals. Surgeons may assume that a complication is unlikely to occur, leading them to underestimate the severity of a patient’s symptoms or vital sign fluctuations during the procedure. In these cases, the delay in addressing the complication can result in severe injury or death.

Equipment Malfunctions

Vital monitoring equipment is essential for detecting early signs of complications during surgery, such as oxygen deprivation, abnormal heart rhythms, or fluctuating blood pressure. Equipment malfunctions—whether due to poor maintenance, incorrect usage, or software errors—can lead to complications going unnoticed. For instance, a faulty oxygen saturation monitor may not alert the team to hypoxia (lack of oxygen), resulting in brain damage or cardiac arrest.

In some cases, malfunctioning equipment may give inaccurate readings that the surgical team mistakenly relies upon, leading to a failure in detecting a life-threatening complication. The surgical team’s ability to promptly recognize and address these malfunctions is crucial, and failure to do so could be grounds for a surgical malpractice claim. Hospitals have a responsibility to ensure that their equipment is well-maintained, regularly inspected, and replaced when necessary to prevent such incidents.

Fatigue or Burnout

Fatigue and burnout are pervasive issues among medical professionals, especially in high-pressure environments like surgery. Surgeons, anesthesiologists, and nursing staff often work long shifts with minimal rest, which can severely impact their ability to focus and make sound decisions during surgery. Studies have shown that fatigue can significantly impair cognitive functions, reducing the ability to recognize and respond to early signs of complications.

In cases where surgeons or other medical staff are suffering from burnout or fatigue, their reaction times may be slower, and they may be less likely to notice small but significant changes in the patient’s condition. This fatigue-induced inattentiveness can lead to devastating outcomes, such as failing to recognize internal bleeding or ignoring signs of oxygen deprivation.

Fatigue-related errors are a well-documented cause of medical malpractice claims, and surgical staff are particularly vulnerable to these risks when working extended hours or multiple surgeries in a row.

Inadequate Staffing or Resources

In some hospitals, particularly those that are under-resourced, there may be inadequate staffing or insufficient access to the necessary medical equipment during surgeries. A surgical team that is understaffed may struggle to monitor all aspects of a patient’s condition, leading to overlooked complications. For example, if there aren’t enough experienced nurses available to assist the surgeon or monitor the patient’s vital signs during the operation, key warning signs of complications may be missed.

Similarly, hospitals that do not invest in state-of-the-art monitoring equipment or fail to provide necessary surgical tools could increase the likelihood of complications going unrecognized. Inadequate staffing and poor resource allocation are systemic issues in some medical institutions, but when these problems lead to avoidable surgical errors, they can be the basis for a medical malpractice lawsuit.

Cognitive Bias in Diagnosis

Cognitive bias is an often-overlooked factor in why complications go unrecognized. When surgeons enter an operating room with a preconceived notion of how the surgery should proceed, they may overlook unexpected complications because they do not fit into their mental framework of the procedure. This phenomenon, known as “anchoring bias,” can cause surgeons to dismiss new or surprising information, such as a sudden drop in blood pressure or abnormal bleeding, because they are focused on completing the procedure as planned.

This type of bias is particularly problematic in cases where complications develop in ways that the surgeon does not anticipate. For example, a surgeon may attribute a drop in oxygen saturation to a technical issue with the monitoring equipment, rather than investigating the possibility of a developing pulmonary embolism. When cognitive biases cause medical professionals to dismiss critical warning signs, it can lead to severe outcomes for patients, including death.

Inattention to Post-Surgical Monitoring

Recognizing surgical complications does not end when the surgery is complete. Post-operative monitoring is essential to detect issues like infections, blood clots, or internal bleeding. Unfortunately, in many cases, the surgical team may fail to closely monitor patients in the hours or days following surgery, especially in overburdened hospital environments.

This inattention to post-operative care can lead to delays in recognizing complications that develop after the patient leaves the operating room. For example, an unnoticed infection can quickly spread, leading to sepsis and potentially fatal outcomes. Ensuring that surgical patients receive adequate post-surgical care, including monitoring of vital signs and regular wound checks, is critical to preventing avoidable complications.

Failure to Follow Surgical Protocols

Hospitals and medical institutions have established surgical protocols designed to minimize the risk of complications. These protocols include steps such as verifying patient information, marking the surgical site, and performing a surgical “timeout” to confirm that the procedure is proceeding according to plan. However, when surgical teams fail to follow these protocols, it increases the risk of unrecognized complications.

In many malpractice cases, failure to follow proper surgical protocols can be linked directly to complications that were preventable. For example, if the surgical team does not confirm the patient’s pre-existing conditions or allergies before administering anesthesia, the patient may experience a severe allergic reaction that could have been avoided. Strict adherence to established protocols is essential to reducing the likelihood of surgical errors and ensuring that complications are recognized and addressed promptly.

Consequences of Failing to Recognize Surgical Complications

The consequences of failing to recognize or promptly address complications can be severe and, in many cases, life-threatening. These include:

• Prolonged Hospitalization: Patients may require extended hospital stays, additional surgeries, or treatments to correct the issue, increasing their medical expenses.
• Permanent Disability: Complications that go unaddressed, such as nerve damage or blood clots, can result in permanent disability, affecting the patient’s quality of life and ability to work.
• Death: In some cases, the failure to address complications promptly can lead to the patient’s death, leaving families to pursue wrongful death claims.
• Emotional Trauma: Patients and their families may also suffer emotional trauma from the prolonged recovery process, additional surgeries, or loss of life.

What Should You Do if You Suspect Surgical Malpractice?

If you believe that you or a loved one has been harmed due to the failure to recognize or address surgical complications, it is crucial to take the following steps:

1. Obtain Your Medical Records: Request copies of your medical records to review the details of the surgery and any complications noted by the surgical team.
2. Consult with a Medical Malpractice Attorney: Speak with an experienced New York medical malpractice attorney who specializes in surgical malpractice. They will review your case and determine whether the surgeon’s failure to recognize complications constitutes malpractice.
3. Secure Expert Testimony: Your attorney will work with medical experts to provide testimony on the standard of care and how the failure to recognize or address complications deviated from that standard.
4. File a Claim: If your case has merit, your attorney will file a medical malpractice lawsuit on your behalf, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

Get Legal Help from Our Trial-Ready New York Medical Malpractice Attorneys

When facing a surgical malpractice case, you need a law firm that is not only experienced but prepared to fight for you in court. At Rosenberg, Minc, Falkoff & Wolff, LLP, our team of trial lawyers has successfully taken numerous medical malpractice cases to trial. We diligently prepare every case, working with leading medical and economic experts to prove how your injury or complication has impacted your life. While we strive for fair, out-of-court settlements, we won’t hesitate to go to trial if the opposition refuses to treat you justly. Let us be your voice during negotiations and in the courtroom—reach out to us today to pursue your fight for justice with full legal firepower. To schedule your free consultation, call us at 212-344-1000 or contact us online.