Post-Surgical Complications? Consult a Top NYC Malpractice Lawyer

Post-operative complications can range from minor discomfort to life-threatening conditions. While some complications are unavoidable risks of surgery, others result from medical negligence. In New York City, hospitals and surgery centers have faced numerous medical malpractice claims related to preventable post-operative complications. If you or someone you love has suffered from post-op complications of surgery, you should consult with an experienced New York City medical malpractice attorney to evaluate your legal options for financial recovery from the liable parties. 

Common Post-Surgical Complications Due to Medical Negligence in New York

Infections

• Surgical Site Infections (SSIs): SSIs occur when bacteria enter the incision site during or after surgery. Proper sterilization, appropriate use of antibiotics, and adherence to sterile techniques are essential to prevent these infections. Failure to follow these protocols can lead to severe infections requiring prolonged treatment and additional surgeries.
• Systemic Infections: Infections like sepsis can spread throughout the body, leading to organ failure and potentially death. These are often the result of delayed diagnosis or improper post-operative care.

Hemorrhage and Internal Bleeding

• Uncontrolled Bleeding: Post-operative hemorrhage is a serious complication that can occur if blood vessels are not properly sealed during surgery or if the patient isn’t adequately monitored afterward. This can lead to significant blood loss, requiring emergency surgery or transfusions.
• Hematomas: A hematoma is a collection of blood outside the blood vessels, usually caused by internal bleeding. Large hematomas may need surgical intervention and can cause pain, infection, or pressure on surrounding organs.

Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE)

• DVT: Patients are at risk of developing blood clots in the deep veins, particularly in the legs, after surgery. Immobility and inadequate post-operative care, such as the failure to administer blood thinners or encourage movement, can increase this risk.
• PE: If a blood clot from DVT dislodges and travels to the lungs, it can cause a pulmonary embolism, a life-threatening condition. Prompt recognition and treatment are crucial to prevent death or severe complications.

Organ Damage or Failure

• Organ Perforation: Surgical errors can result in unintended damage to organs, such as perforating the intestines or bladder. These injuries can lead to severe infections, sepsis, or organ failure.
• Kidney or Liver Failure: Complications such as severe blood loss, infection, or the adverse effects of anesthesia can lead to the failure of critical organs like the kidneys or liver.

Respiratory Complications

• Pneumonia: Post-operative pneumonia is a serious complication, particularly in patients who are intubated or immobilized for extended periods. Failure to implement preventive measures, such as encouraging deep breathing exercises or providing respiratory support, can lead to this condition.
• Atelectasis: Atelectasis, or the collapse of part of the lung, can occur if the patient is not adequately monitored or encouraged to move and breathe deeply after surgery. This condition can impair oxygen exchange and lead to more severe respiratory problems.

Paralysis and Nerve Damage

• Nerve Damage: Errors during surgery, such as improper positioning or accidental severing of nerves, can lead to permanent nerve damage. This can result in chronic pain, loss of function, or paralysis.
• Paralysis: In some cases, spinal surgeries or errors during anesthesia administration can result in partial or complete paralysis, profoundly affecting the patient’s quality of life.

Adverse Reactions to Anesthesia

• Anesthesia Awareness: This rare but traumatic condition occurs when a patient becomes conscious during surgery and experiences pain or distress due to insufficient anesthesia. It often results from improper dosing or monitoring.
• Toxic Reactions: Overdose or allergic reactions to anesthetic drugs can lead to toxic effects, including organ failure, brain damage, or death.

Other Post-operative Complications Due to Surgical Negligence in New York

Anastomotic Leak

This complication arises when the surgical connection between two parts of the body, such as intestines or blood vessels, fails, allowing fluids or contents to leak into the surrounding tissues. This can happen if the sutures or staples used during the surgery do not hold properly, often due to improper surgical technique, infection, or poor tissue quality.

An anastomotic leak can lead to severe infections, abscesses, peritonitis, sepsis, and even death if not detected and treated promptly. In cases of negligence, it may occur due to failure to properly check the integrity of the anastomosis during surgery or inadequate post-operative monitoring.

Bowel Obstruction

Post-operative bowel obstructions can develop as a result of adhesions (bands of scar tissue that form between abdominal tissues and organs), hernias, or improper surgical technique. These obstructions block the normal flow of intestinal contents, leading to symptoms like severe abdominal pain, vomiting, bloating, and constipation.

In some cases, bowel obstructions may necessitate additional surgery to remove the blockage. Medical negligence can occur if the obstruction is caused by surgical errors or if there is a delay in diagnosing and treating the obstruction.

Blood Clots

While deep vein thrombosis (DVT) and pulmonary embolism are well-known post-operative risks, arterial clots are another serious concern. These clots can form in arteries and lead to catastrophic events like strokes or heart attacks. The formation of blood clots post-surgery can be due to prolonged immobilization, failure to use anticoagulants, or insufficient monitoring.

When medical professionals fail to implement preventive measures such as compression devices, blood thinners, or early mobilization, it can constitute negligence, especially if the patient has known risk factors for clotting.

Failed Surgical Repairs

When surgical repairs, such as those performed during hernia surgeries or joint replacements, do not hold due to improper surgical technique, poor material choice, or inadequate post-operative care, the repair can fail. This can lead to the recurrence of the initial problem, such as hernia recurrence or loosening of a joint prosthesis.

Patients may experience severe pain, functional limitations, and may require additional surgeries to correct the problem. The need for revision surgery not only increases the risk of complications but also places additional emotional and financial burdens on the patient.

Nerve Palsy

Nerve palsy occurs when nerves are damaged during surgery, either through direct trauma or prolonged pressure due to improper positioning. This can result in partial or complete loss of function in the affected area, causing paralysis, weakness, or loss of sensation.

Nerve palsy is often preventable with proper surgical techniques, careful patient positioning, and adequate monitoring during surgery. Medical negligence can be claimed if nerve palsy results from a lack of attention to these critical details, leading to long-term disabilities and the need for extensive rehabilitation.

Urinary Retention and Incontinence

Surgical procedures involving the pelvic region, such as prostate surgery or hysterectomy, can lead to post-operative urinary complications. Urinary retention, where the patient is unable to empty the bladder, can cause discomfort, bladder damage, and infection. Conversely, urinary incontinence, or the inability to control urine flow, can result from nerve damage or poor surgical technique.

Both conditions can significantly affect the patient's quality of life and may require additional treatments or surgeries to manage. Negligence may be involved if these complications arise due to avoidable surgical errors or inadequate post-operative care.

Post-operative Delirium or Cognitive Dysfunction

Post-operative Delirium or Cognitive Dysfunction: Particularly in older adults, improper management of anesthesia, extended surgery times, or inadequate post-operative care can lead to cognitive dysfunction or delirium. This condition is characterized by confusion, memory problems, and disorientation. It can delay recovery, increase the risk of complications, and extend the hospital stay.

The causes of post-operative delirium are often multifactorial, but medical negligence can be claimed if it results from preventable factors such as overmedication, lack of proper monitoring, or failure to manage pain and anxiety effectively. Long-term cognitive impairments can have a profound impact on the patient’s independence and overall quality of life.

Causes of Post-surgery Complications Related to Medical Negligence in NYC

Inadequate Post-Operative Monitoring

Proper monitoring of vital signs, oxygen levels, and the surgical site is critical in the hours and days following surgery. Failure to detect early signs of complications like bleeding, infection, or respiratory distress can lead to severe outcomes.

Poor Communication Among Medical Staff

Miscommunication among the surgical team, nurses, and other healthcare providers can result in errors such as incorrect medication administration, failure to recognize complications, or delayed intervention.

Substandard Surgical Techniques

Errors in surgical technique, such as improper suturing or inadequate wound closure, can lead to complications like infection, organ damage, or prolonged recovery times.

Lack of Informed Consent

Patients must be fully informed of the risks associated with their surgery, including potential post-operative complications. Failure to provide adequate information or obtain proper consent can lead to legal claims if complications arise.

Inadequate Sterilization and Infection Control

Hospitals and surgery centers must adhere to strict sterilization protocols to prevent infections. Negligence in maintaining a sterile environment can result in SSIs and other serious complications.

Legal Recourse for Post-Operative Complications Due to Negligence

Filing a Medical Malpractice Lawsuit

Patients who suffer from post-operative complications due to negligence can pursue a medical malpractice claim with representation from a seasoned NYC medical malpractice lawyer. In New York, the statute of limitations for filing such claims is generally two and a half years from the date of the malpractice or from the end of continuous treatment by the party or entity you intend to sue.

Proving Negligence

To succeed in a medical malpractice lawsuit, the patient must prove that the healthcare provider breached the standard of care and that this breach directly caused the post-operative complication. Expert testimony is often vital in establishing the standard of care and the provider’s deviation from it.

Compensation

Successful medical malpractice claims can result in compensation for medical expenses, lost wages, pain and suffering, and other damages. In cases of gross negligence or willful misconduct, punitive damages may also be awarded. You can maximize your compensation with a proven and capable New York City medical malpractice attorney on your side.

FAQs on Post-Surgical Complications Related to Medical Malpractice Claims in New York

What constitutes medical malpractice in post-surgical complications?

Medical malpractice occurs when a healthcare provider's negligence leads to harm or injury to a patient. In the context of post-surgical complications, malpractice might involve errors during surgery, failure to provide adequate post-operative care, or delayed diagnosis and treatment of complications. Examples include leaving foreign objects in the body, performing the wrong procedure, or failing to monitor a patient’s vital signs adequately.

How do I prove that my post-surgical complication was due to medical negligence?

To prove medical malpractice in New York, you need to establish four elements:

• Duty: The healthcare provider had a duty to provide a standard level of care.
• Breach: The provider breached this duty by deviating from accepted medical practices.
• Causation: The breach directly caused the post-surgical complication or injury.
• Damages: You suffered actual harm, such as physical injury, emotional distress, or financial loss, due to the complication.

Medical experts often play a crucial role in establishing these elements by reviewing the medical records and providing testimony on the standard of care and how it was breached.

What types of damages can I recover in a post-surgical complication malpractice case?

In New York, you can seek compensation for both economic and non-economic damages:

• Economic Damages: These include medical expenses (past and future), lost wages, rehabilitation costs, and other out-of-pocket expenses related to the injury.
• Non-economic Damages: These cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

In cases of extreme negligence or misconduct, punitive damages may also be awarded to punish the responsible party.

Are there any caps on the amount of compensation I can receive for post-surgical malpractice in New York?

New York does not impose a cap on economic or non-economic damages in medical malpractice cases, allowing plaintiffs to recover full compensation for their losses. This is unlike some states where there are statutory limits on the amount of non-economic damages that can be awarded.

How long do I have to file a medical malpractice lawsuit in New York for post-surgical complications?

The statute of limitations for filing a medical malpractice lawsuit in New York is generally 2.5 years from the date of the alleged malpractice. Taking this into account, if the malpractice involves a foreign object left in the body, the time limit starts from the date the object was discovered or should have been discovered, whichever comes first. It’s important to act quickly to preserve your legal rights, as missing the deadline typically bars you from pursuing a claim.

What role does expert testimony play in post-surgical malpractice claims?

Expert testimony is often critical in medical malpractice cases, including those involving post-surgical complications. An expert witness, usually a medical professional with relevant experience, can help establish the standard of care, explain how it was breached, and link the breach to the patient’s injuries. In New York, before filing a medical malpractice lawsuit, the plaintiff’s attorney must also file a certificate of merit, confirming that they consulted with a medical expert who believes there is a reasonable basis for the claim.

Can I sue the hospital or only the surgeon for post-surgical complications?

In New York, you can potentially sue both the individual healthcare providers (such as the surgeon, anesthesiologist, or nurses) and the hospital where the surgery took place. Hospitals can be held liable for the negligent acts of their employees under the doctrine of "respondeat superior." Furthermore, if the hospital failed to ensure that its staff followed proper protocols or if it provided substandard facilities or equipment, it could be held directly liable for the resulting complications.

What is the process for filing a medical malpractice claim in New York?

Filing a medical malpractice claim in New York typically involves the following steps:

• Consultation: Meet with a qualified medical malpractice attorney to discuss your case.
• Investigation: Your attorney will gather medical records, consult with experts, and evaluate the strength of your claim.
• Filing a Complaint: A lawsuit is initiated by filing a complaint in the appropriate New York court.
• Discovery: Both sides exchange evidence, including medical records, depositions, and expert witness reports.
• Negotiation: Many cases are settled out of court through negotiations or mediation.
• Trial: If a settlement isn’t reached, the case proceeds to trial, where a judge or jury will determine the outcome.

What if the post-surgical complication occurred in a New York City public hospital?

If the medical malpractice occurred in a New York City public hospital, the process for filing a claim is slightly different. You must file a Notice of Claim within 90 days of the malpractice, and then you have one year and 90 days to file a lawsuit. Public hospitals include those operated by NYC Health + Hospitals, such as Bellevue Hospital and Harlem Hospital.

How do settlements work in post-surgical malpractice cases?

In New York, settlements are a common outcome in medical malpractice cases. A settlement is an agreement between the plaintiff and the defendant to resolve the case without going to trial. Settlements can be negotiated at any stage of the lawsuit, and the terms are typically confidential. The amount agreed upon is paid to the plaintiff to compensate for their injuries and losses. Your attorney will help you decide whether a settlement offer is fair or whether it’s in your best interest to proceed to trial.

Get Powerful Legal Representation from Our Experienced NY Surgical Malpractice Lawyers

For four generations, Rosenberg, Minc, Falkoff & Wolff, LLP has been a top-rated leader in post-surgery complication claims, obtaining more than $1 BILLION in compensation for injured New Yorkers. Our success rate stands at over 95%, a demonstration our relentless pursuit of justice for our clients. If we take on your case, you can trust that our experienced and winning New York medical negligent attorneys will be entirely focused on getting you the maximum financial recovery. Let us put our legacy and expertise to work for you. To schedule your free consultation, call us at 212-344-1000 or contact us online.