Surgical Malpractice.jpg

Claims filed for compensation for personal injury emanating from a surgical error is all too common in courts and legal offices all over the world and the penalty granted is often stiff if the verdict goes against the surgeon. Surgery after all, is a serious invasive procedure and there is simply no room for error.

However, it needs to be borne in mind that any surgical error made by the surgeon may not make him liable on medical malpractice grounds. It has to be proved that the surgical procedure he/she followed did not adhere to accepted medical standards of care, and that the sub-standard line of treatment actually harmed you.

What is surgical error?

In simple terms, a surgical error is a mistake that was preventable during the surgery. Since any invasive procedure involves risk, a surgical error is said to have occurred when it was unexpected and went beyond the risks known to the surgeon and/or the patient.

Cause of errors in many medical malpractice cases

The most common reasons for most surgical errors are:

  • Inadequate & faulty preoperative planning: It's often seen that the surgeon did not study the patient's medical history carefully and likewise, didn't take adequate precautions for any impending emergency or complications that could occur. It could also be so that all assistants and nurses did not have the necessary equipment available and ready when the surgeon required it during the operation and which caused harm to the patient.
  • Incompetence: Perhaps the surgeon simply lacked the required skill to perform such surgery successfully or wasn't experienced enough to perform this type of surgery. Stranger things have happened! The surgeon bit off more than they can chew. It may sound somewhat strange, but it does happen.
  • Fatigued and/or addiction: Fatigue for some surgeons is common which leads them to make mistakes. If you saw the show ER, this happened to Dr. Corday. Moreover, the surgeon may have been under the influence of drugs or alcohol when he performed the procedure leading to a calamity.
  • Improper or wrong procedure followed: Surgeons have been known to apply the wrong techniques or may have skipped procedures while performing the operation. As a result of taking these shortcuts, the patient has suffered or is suffering. Moreover, there have been cases where the surgeon has operated on the wrong site or has administered improper medication which have led to some very serious consequences.
  • Callousness: Sometimes plain neglect or callousness on the surgeon's part may lead to a situation where the patient suffers and consequently files a claim for compensation for personal injury arising out of surgical errors. This includes leaving behind surgical instruments in the patient's body or using unsterile and/or defective equipment.

Your rights for filing a claim for compensation for a personal injury stemming from a surgical error/s are valid if you find that there has been a nerve injury, an anesthetic error, an incision made on the wrong spot, or the surgeon operated on the wrong part of your body.

RMFW Law knows the legal system

To claim compensation for any type of surgical error, you need to get in touch with a judicious and cognizant surgical error malpractice attorney immediately.

You could get in touch with Rosenberg, Minc, Falkoff, & Wolff LLP or RMFW Law, one of New York's most successful law firms specializing in such cases. Call them at 212-344-1000 for an initial free consultation. RMFW Law knows this domain. We know how to win these types of cases.

You will need a medical expert to back up your claim. We can find this person for you. We already know this doctor in fact and they will back up your word/claim/story if your case is viable. Your case has no traction if a medical expert does not support your claim.

Call us today! We want to get this ball rolling and do not harangue the medical staff. They are most likely the ones not at fault and this is now a legal issue.


122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only



1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only