nyc surgical malpractice attorney improper surgical

Surgical malpractice is one of the most serious forms of medical negligence, with devastating consequences for patients. In New York, when a surgeon deviates from accepted surgical protocols or fails to adhere to established standards of care, it can lead to life-altering harm. Improper surgical techniques are at the heart of many malpractice claims, involving errors ranging from incorrect incisions to the mishandling of instruments.

If you have suffered injuries or complications due to surgical negligence, be prepared to consult with an experienced medical malpractice lawyer in New York City to discuss your legal options.

What is Surgical Malpractice?

Surgical malpractice occurs when a surgeon’s actions during a procedure fall below the accepted standard of care in the medical community, causing harm to the patient. The "standard of care" refers to what a reasonably skilled surgeon would have done in similar circumstances. Surgical errors can result from poor decision-making, carelessness, or a lack of adequate preparation. While all surgeries carry inherent risks, malpractice arises when preventable errors occur that no competent surgeon would reasonably make.

Legal Standards for Proving Surgical Malpractice in New York

To successfully bring a surgical malpractice lawsuit in New York, the plaintiff must meet several legal requirements. First, they must demonstrate that a doctor-patient relationship existed, establishing the surgeon’s duty of care. Next, the plaintiff must prove that the surgeon deviated from accepted standards, and that this deviation directly caused harm.

New York law also requires plaintiffs to file a "Certificate of Merit" from a medical expert who can attest to the validity of the malpractice claim. This certificate states that a qualified physician has reviewed the case and believes that the plaintiff’s claim has merit. Failure to provide this certificate may result in the dismissal of the case.

Major Surgeries in New York Hospitals Where Surgeons May Use the Wrong Technique

In New York hospitals, a wide range of surgical procedures take place, and while many are performed successfully, there are unfortunate instances where surgeons may use the wrong surgical techniques. Deviating from established standards of care can result in severe complications, patient harm, or even death.

Cardiothoracic Surgery

Cardiothoracic surgery, which involves procedures on the heart, lungs, esophagus, and other organs in the chest, is inherently complex. Surgeries like coronary artery bypass grafting (CABG), valve replacement, and lung resections require a precise balance of skill and timing. A deviation from established techniques can lead to life-threatening complications, such as uncontrolled bleeding, poor blood flow, or damage to the heart muscle.

Example: In a New York case, a surgeon performing heart bypass surgery failed to properly attach a graft, resulting in a postoperative heart attack due to insufficient blood flow. The error could have been avoided if the surgeon had adhered to proper techniques during graft attachment.

Neurosurgery

Neurosurgery, which involves operations on the brain, spinal cord, and nervous system, is one of the most challenging fields in medicine. The high-risk nature of neurosurgery makes adherence to the standard of care crucial. Even the slightest deviation in technique can cause irreversible damage, such as paralysis, loss of cognitive function, or stroke. Common errors in neurosurgery include improper drilling during craniotomies (opening the skull) or mishandling delicate tissues during tumor resections or spinal surgeries.

Example: In a tragic instance at a New York hospital, a patient undergoing brain surgery for a tumor resection experienced permanent vision loss after the surgeon mistakenly removed healthy tissue near the optic nerve. This significant deviation from the accepted standard of care had life-altering consequences.

Cancer Surgeries

Cancer surgeries, particularly those aimed at removing tumors or cancerous tissues require extreme precision and adherence to established surgical standards.

Breast Cancer Surgery: Procedures such as mastectomies (breast cancer surgery), tumor excisions, or lymph node dissections are often complex, with a high risk of harm if the surgeon deviates from accepted protocols. Inadequate margins (failing to remove enough tissue around the tumor), damage to surrounding healthy organs, or even incorrect identification of the surgical site can lead to severe complications, incomplete cancer removal, or unnecessary loss of healthy tissue.

Example: In one medical malpractice case in New York, a surgeon performing a mastectomy failed to remove all cancerous tissues, leaving positive margins that led to further spreading of the cancer. As a result, the patient had to undergo further surgeries and additional rounds of chemotherapy and radiation therapy. This deviation from the accepted surgical standard not only delayed the patient's recovery but also increased the risk of cancer recurrence, causing serious physical and emotional distress.

Oral Cancer Surgery: It requires special attention because the head, neck, and oral regions are dense with vital nerves, blood vessels, and functional tissues. When a surgeon deviates from the standard of care—whether by removing too little cancerous tissue or causing unnecessary damage to healthy nerves—it can result in significant consequences, such as difficulty speaking, chewing, or disfigurement. Incorrect margins during oral cancer surgeries can lead to recurrence of cancer or the need for additional, more invasive surgeries.

Skin Cancer Surgery: Skin cancer removal surgery, such as Mohs surgery for melanoma, requires precise layer-by-layer removal of cancerous skin cells while preserving as much healthy tissue as possible. Improper technique during these procedures can result in disfigurement, incomplete removal of cancerous cells, or unnecessary removal of healthy tissue, causing preventable harm to the patient.

Orthopedic Surgeries

Orthopedic surgeries, which focus on the musculoskeletal system, are particularly vulnerable to surgical errors because they often involve delicate, precise work around bones, joints, and ligaments. Procedures like joint replacements, spinal surgeries, and fracture repairs require strict adherence to technique, particularly in positioning implants or aligning bones.

Deviations from accepted practices can result in improper bone healing, misalignment of joints, chronic pain, or nerve damage. For instance, a common issue in hip or knee replacement surgeries is the incorrect placement of prosthetic joints, leading to abnormal wear, dislocations, or a need for revision surgery.

Example: In a New York hospital, a patient underwent spinal fusion surgery for degenerative disc disease, but the surgeon incorrectly placed the screws meant to stabilize the spine, resulting in nerve impingement and chronic pain. This deviation from the standard technique required a second corrective surgery and resulted in long-term complications for the patient.

Obstetric and Gynecological Surgeries

Obstetric and gynecological (OB/GYN) surgeries, such as cesarean sections (C-sections), hysterectomies, and procedures for ovarian or uterine conditions, also present risks for surgical malpractice. Errors in these surgeries can result in harm to both the mother and infant in the case of C-sections, or long-term reproductive and urinary issues in gynecological procedures. A common mistake during C-sections involves cutting into nearby organs, such as the bladder or intestines, due to improper technique.

Example: In a New York hospital, a surgeon performing a hysterectomy accidentally cut the patient's bladder, leading to severe postoperative complications, including incontinence and infection. The surgeon’s deviation from standard surgical protocols resulted in a malpractice lawsuit.

Gastrointestinal Surgeries

Surgeries involving the gastrointestinal (GI) tract, such as bowel resections, colectomies, and bariatric surgery (weight loss surgery), can be fraught with complications if proper surgical techniques are not followed. Deviations, such as improper stapling or suturing, can lead to leakage of bowel contents, infections, sepsis, and additional surgeries. The risks are heightened in minimally invasive procedures where visibility and precision are critical.

Example: In one case, a New York bariatric surgeon failed to properly staple the stomach during a gastric bypass procedure, leading to a leak that caused severe infection and required emergency corrective surgery. The surgeon’s deviation from the standard of care led to a successful malpractice claim.

Ophthalmologic Surgeries

Ophthalmologic surgeries, which focus on the eyes, include cataract surgery, laser eye surgery (LASIK), and retinal detachment repairs. Errors in these delicate procedures can cause irreversible vision loss, corneal damage, or retinal detachment if the surgeon does not follow the precise techniques required. Mistakes such as improper incisions or misplacement of intraocular lenses are common errors in cataract surgeries.

Example: A patient undergoing cataract surgery in New York had the wrong intraocular lens implanted, leading to severe vision problems and the need for a second corrective surgery. This error stemmed from a deviation in the preoperative verification process, resulting in a malpractice lawsuit.

Vascular Surgeries

Vascular surgeries, which involve procedures on the arteries, veins, and lymphatic system, are highly specialized and require precision to maintain or restore proper blood flow. Common vascular procedures include aneurysm repairs, carotid artery surgeries, and bypasses for blocked arteries.

Deviations from the established standard of care, such as improper clamping, misidentification of blood vessels, or poor suturing techniques, can result in life-threatening complications, including internal bleeding, blood clots, stroke, or loss of limb function.

Example: In a New York hospital, a patient undergoing carotid endarterectomy (a procedure to remove plaque from the carotid artery to prevent stroke) suffered a major stroke when the surgeon failed to properly monitor blood flow during the operation. This deviation from standard vascular surgical technique resulted in permanent brain damage.

Urological Surgeries

Urological surgeries, including procedures for the bladder, kidneys, prostate, and urethra, also present a significant risk of harm when surgical protocols are not followed. Surgeries such as prostatectomies (removal of the prostate), kidney stone extractions, or bladder repairs require precise control and an in-depth understanding of delicate tissues and surrounding structures. Deviating from the standard of care can lead to damage to nearby organs, infections, incontinence, erectile dysfunction, or other long-term complications.

Example: In one case at a New York hospital, a patient underwent a robotic-assisted prostatectomy, but the surgeon mistakenly damaged the bladder and nearby nerves. This improper use of surgical technique caused incontinence and sexual dysfunction, leading to a malpractice claim due to the significant deviation from the established standards of care.

General Surgery

General surgery encompasses a broad range of procedures, including appendectomies, cholecystectomies (gallbladder removal), and hernia repairs. In these surgeries, errors such as improper incisions, mishandling of organs, or failure to control bleeding can lead to severe complications. One common issue is bile duct injuries during gallbladder removal, where the surgeon inadvertently cuts the bile duct, causing bile leaks, infections, and the need for additional surgeries.

Example: A patient in a New York hospital underwent laparoscopic gallbladder removal, during which the surgeon mistakenly severed the common bile duct instead of the cystic duct. This error led to bile leakage and infection, necessitating multiple corrective surgeries.

Plastic and Cosmetic Surgeries

Plastic and cosmetic surgeries, such as rhinoplasty (nose reshaping), facelifts, and breast augmentations, are not immune to surgical errors. Because these surgeries are often elective, patients expect a high standard of care. Deviations in technique, such as improper handling of tissue or incorrect suturing methods, can lead to disfigurement, infections, and scarring. Improper technique during these procedures can also result in asymmetry or the need for revision surgeries.

Example: A New York patient undergoing a breast augmentation experienced significant asymmetry due to the surgeon incorrectly positioning the implants. This deviation from the standard of care required a second surgery to correct the error and resulted in emotional distress for the patient.

Emergency Surgeries

Emergency surgeries, performed under high-pressure conditions, carry an increased risk of errors due to the urgency of the situation. Surgeries such as appendectomies, trauma surgeries for internal bleeding, or emergency C-sections require quick decision-making and precise technique. Deviating from the standard of care in these situations can have catastrophic consequences, including uncontrolled bleeding, organ damage, or death.

Example: In a New York emergency room, a patient with internal bleeding from a car accident underwent surgery where the surgeon failed to properly clamp a ruptured artery, leading to significant blood loss and eventual death. This deviation in technique during a critical moment led to a wrongful death claim.

Get High-Powered Legal Representation from Our Battle-Tested NYC Surgical Malpractice Attorneys

For four generations, the New York City surgical malpractice law firm of Rosenberg, Minc, Falkoff & Wolff, LLP has been at the forefront of medical negligence claims, consistently delivering exceptional results for our clients. With a success rate exceeding 95%, our dedicated team of experienced NY med mal attorneys is committed to fighting for the largest possible compensation for you. We understand the profound impact that surgical malpractice can have on your life, and we are here to provide the strongest legal representation you need during this challenging time.

Our track record of settlements and verdicts speaks for itself, with results including a $15 million jury award against a hospital, $15 million for a neurosurgical brain injury, $10.5 million for malpractice leading to infant brain damage, and a $9 million settlement for a brain-injured baby. If you or a loved one has suffered due to surgical negligence, don’t hesitate to reach out to us. Let our winning team leverage their experience and resources to pursue justice on your behalf. Reach out to us today, and take the first step towards reclaiming your life. To schedule your free consultation, call us at 212-344-1000 or contact us online.

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