staten island medical malpractice lawyers surgical error

Surgical malpractice is one of the most devastating forms of medical negligence, as errors made in the operating room can have life-altering consequences. In Staten Island, hospitals such as Staten Island University Hospital and Richmond University Medical Center are vital providers of medical care, but they are not immune to mistakes.

Surgical malpractice in Staten Island has led to catastrophic injuries and complications, extended pain and suffering, and, in some cases, wrongful deaths. If you or someone you love has suffered due to surgical negligence, speak to a proven and trustworthy Staten Island medical malpractice lawyer as soon as possible.

What is Considered Surgical Malpractice in Staten Island?

Surgical malpractice occurs when a surgeon, anesthesiologist, or other medical professional deviates from the accepted standard of care, resulting in harm to the patient. Staten Island residents rely on local hospitals for routine and emergency surgeries, but even in the most trusted facilities, errors can occur. Common factors contributing to surgical malpractice include poor communication, fatigue among medical staff, understaffed facilities, or failure to adhere to established protocols.

Common Surgical Errors in Staten Island Hospitals

Surgical errors can vary in severity and impact. In Staten Island, some of the most common types of surgical errors reported include:

Wrong-Site Surgery

  • Definition: Performing surgery on the wrong part of the body (e.g., operating on the left knee instead of the right).
  • Notable Cases: Several instances in Staten Island hospitals have involved wrong-site surgeries. For example, a patient at Richmond University Medical Center underwent spinal surgery only to discover later that the wrong vertebrae had been treated, necessitating additional corrective procedures.
  • Impact: Patients often suffer increased pain, extended recovery times, and sometimes permanent disabilities due to these errors.

Retained Surgical Instruments

  • Definition: Leaving surgical instruments, such as sponges or clamps, inside a patient's body after surgery.
  • Notable Cases: Staten Island University Hospital has been the site of cases where patients reported severe pain post-surgery, only to learn later that a surgical sponge had been left behind. These errors require additional surgeries to correct and expose patients to the risk of infection.
  • Impact: Retained instruments can lead to life-threatening complications such as sepsis, internal bleeding, or organ damage.

Anesthesia Errors

  • Definition: Errors in administering anesthesia, including incorrect dosages or failure to monitor the patient adequately.
  • Notable Cases: Cases of anesthesia malpractice in Staten Island include patients who suffered from oxygen deprivation due to improper intubation, leading to permanent brain damage.
  • Impact: These errors can result in severe outcomes, including brain injuries, cardiac arrest, or death.

Surgical Technique Errors

  • Definition: Errors during the surgical procedure, such as accidental damage to nearby organs, improper suturing, or incomplete procedures.
  • Notable Cases: A patient at a Staten Island hospital suffered internal bleeding and organ damage after a laparoscopic gallbladder surgery was performed incorrectly.
  • Impact: Victims often face prolonged recovery times, additional surgeries, and long-term complications.

Failure to Address Post-Operative Complications

  • Definition: Neglecting to identify or treat complications such as infections, blood clots, or excessive bleeding after surgery.
  • Notable Cases: In one case, a Staten Island patient developed sepsis due to a delayed diagnosis of post-surgical infection, leading to an extended hospital stay and permanent damage to vital organs.
  • Impact: Post-operative negligence can escalate minor complications into life-threatening conditions.

Unnecessary Surgery

  • Definition: Performing surgeries that are not medically necessary, often due to misdiagnosis or lack of proper evaluation.
  • Notable Cases: Staten Island University Hospital faced a case where a patient underwent a hysterectomy, only to later discover the initial diagnosis of uterine cancer was incorrect.
  • Impact: Unnecessary surgeries expose patients to risks such as infection, anesthesia complications, and long-term health issues without providing any medical benefit.

Improper Sterilization of Instruments

  • Definition: Using unsterilized surgical instruments, leading to infections and other complications.
  • Notable Cases: Richmond University Medical Center reported instances where lapses in sterilization protocols led to post-surgical infections in multiple patients.
  • Impact: Patients can suffer severe infections, extended hospital stays, and the need for additional medical interventions.

Nerve Damage During Surgery

  • Definition: Accidental cutting, stretching, or compressing of nerves during surgical procedures.
  • Notable Cases: A patient undergoing orthopedic surgery at a Staten Island hospital experienced permanent loss of sensation in their leg due to unintended nerve damage.
  • Impact: Nerve damage can result in chronic pain, numbness, paralysis, and loss of motor function.

Medication Administration Errors During Surgery

  • Definition: Administering incorrect medications, wrong dosages, or failing to account for a patient’s allergies.
  • Notable Cases: At a Staten Island hospital, a patient suffered anaphylactic shock during surgery after being administered a medication they were allergic to, despite it being noted in their medical records.
  • Impact: Such errors can cause immediate life-threatening reactions and long-term organ damage.

Delayed Emergency Surgery

  • Definition: Failing to perform emergency surgery in a timely manner, resulting in preventable complications.
  • Notable Cases: A patient at a Staten Island hospital with a ruptured appendix experienced life-threatening peritonitis because the surgery was delayed for several hours due to miscommunication among medical staff.
  • Impact: Delays in emergency surgery can lead to organ failure, infections, or even death.

Statistical Overview of Surgical Errors in Staten Island

While specific data on surgical malpractice in Staten Island hospitals is often confidential, studies have shown that surgical errors are a leading cause of medical malpractice claims nationwide. Staten Island hospitals, such as Staten Island University Hospital and Richmond University Medical Center, perform thousands of surgeries annually, increasing the likelihood of errors. A 2016 study by Johns Hopkins University revealed that medical errors, including surgical mistakes, are the third-leading cause of death in the United States, accounting for over 250,000 deaths annually.

Example Scenarios of Surgical Negligence Cases in Hospitals in Staten Island

Misdiagnosed Appendicitis at Seaview Hospital Rehabilitation Center and Home

A patient experiencing severe abdominal pain was misdiagnosed with a stomach virus at Seaview Hospital Rehabilitation Center and Home. Despite worsening symptoms, the patient was sent home without further testing. When the patient returned days later, it was discovered that their appendix had ruptured, leading to life-threatening peritonitis. The delay in surgical intervention caused prolonged hospitalization and permanent health complications.

Surgical Sponge Left Behind at Staten Island Northwell Health Hospital

During a routine abdominal surgery at Staten Island Northwell Health Hospital, a surgical sponge was inadvertently left inside a patient. The patient experienced intense pain and a persistent fever post-surgery, which was initially dismissed as normal recovery discomfort. Months later, imaging revealed the retained sponge, requiring an additional surgery to remove it. The patient suffered from severe infections and a significantly prolonged recovery time.

Wrong-Site Surgery at Staten Island University Hospital, Prince's Bay Campus

A patient scheduled for surgery on their left shoulder at Staten Island University Hospital, Prince's Bay Campus, awoke to discover that the procedure had been performed on their right shoulder. This wrong-site surgery caused unnecessary harm to the unaffected shoulder and left the original issue untreated, requiring another surgery and months of rehabilitation.

Anesthesia Overdose at Richmond University Medical Center

At Richmond University Medical Center, a patient undergoing a minor surgical procedure was administered an excessive dose of anesthesia due to a calculation error. The overdose led to oxygen deprivation, resulting in temporary brain damage and cognitive impairment. The patient required extensive rehabilitation and suffered long-term impacts on their quality of life.

Delayed Diagnosis of Post-Surgical Infection at Carmel Richmond Healthcare and Rehabilitation Center

A patient recovering from a knee replacement surgery at Carmel Richmond Healthcare and Rehabilitation Center developed redness, swelling, and fever. These symptoms were dismissed as minor side effects of the procedure during follow-up visits. Weeks later, the infection had spread to the bloodstream, requiring emergency treatment for sepsis. The delay in addressing the infection caused irreversible joint damage and permanent mobility issues.

Improper Intubation at Staten Island University Hospital, Ocean Breeze Campus

During a complex surgical procedure at Staten Island University Hospital, Ocean Breeze Campus, a patient was improperly intubated, causing severe oxygen deprivation. The medical team failed to notice the error until the patient exhibited signs of distress. The lack of timely intervention resulted in permanent respiratory issues and chronic complications, significantly reducing the patient’s quality of life.

Unnecessary Hysterectomy at Eger Health Care and Rehabilitation Center

A woman underwent a hysterectomy at Eger Health Care and Rehabilitation Center after being diagnosed with uterine fibroids. Post-surgery, the pathology report revealed that the surgery was unnecessary, as her condition could have been managed with less invasive treatment options. The patient experienced significant physical and emotional distress due to the loss of her reproductive organs and complications from the surgery.

Improper Handling of Surgical Instruments at Staten Island Care Center

A patient undergoing gallbladder removal at Staten Island Care Center developed a severe infection post-surgery. It was later discovered that the instruments used during the procedure had not been properly sterilized. The infection required multiple follow-up surgeries and extended hospitalization, leaving the patient with long-term health issues.

Missed Artery Damage During Surgery at Clove Lakes Health Care and Rehabilitation Center

A patient undergoing routine hernia repair at Clove Lakes Health Care and Rehabilitation Center suffered from undetected damage to a major artery during the procedure. This oversight led to significant internal bleeding, which was not discovered until hours after the surgery. Emergency corrective surgery was required, but the delay caused the patient to suffer from organ damage and prolonged recovery.

Improper Post-Surgical Monitoring at Staten Island University Hospital, Sunnyside Campus

Following a cardiac procedure at Staten Island University Hospital, Sunnyside Campus, a patient experienced abnormal heart rhythms and severe chest pain. Despite these symptoms, the medical staff failed to provide adequate post-surgical monitoring. The lack of timely intervention led to cardiac arrest, requiring emergency resuscitation and further surgical intervention. The patient now faces lifelong cardiac complications.

Consequences of Surgical Errors for Staten Island Residents

The aftermath of surgical malpractice can be devastating for patients and their families. Common consequences include:

  • Physical Harm: Patients may suffer chronic pain, permanent disabilities, or worsened medical conditions.
  • Emotional Distress: The trauma of undergoing an avoidable error can lead to anxiety, depression, or post-traumatic stress disorder (PTSD).
  • Financial Burden: Victims often face mounting medical bills, lost wages, and the need for ongoing care.
  • Loss of Trust: Experiencing malpractice can erode a patient’s trust in the medical community, making it difficult for them to seek future care.

Legal Recourse for Surgical Malpractice in Staten Island

Victims of surgical malpractice in Staten Island have the right to pursue legal action against negligent medical professionals and institutions. Compensation may cover medical expenses, lost wages, pain and suffering, and other damages. To build a strong case, victims must typically demonstrate:

  • Duty of Care: The medical professional owed the patient a standard duty of care.
  • Breach of Duty: The medical professional failed to meet that standard through negligence or error.
  • Causation: The breach directly caused harm to the patient.
  • Damages: The patient suffered quantifiable harm, such as medical costs or lost income.

High-Profile Surgical Malpractice Settlements in Staten Island

  • Example 1: A Staten Island woman received a $1.5 million settlement after a surgical error at Richmond University Medical Center resulted in permanent nerve damage.
  • Example 2: A patient was awarded $2.3 million after a botched surgery at Staten Island University Hospital caused internal bleeding and required multiple corrective procedures.

Preventing Surgical Errors in Staten Island Hospitals

Hospitals in Staten Island are taking steps to reduce surgical errors through:

  • Enhanced Training: Regular training for surgeons and staff on updated protocols.
  • Improved Communication: Using checklists and team briefings to ensure all medical staff are on the same page.
  • Advanced Technology: Incorporating robotic-assisted surgeries and other innovations to reduce human error.

Surgical malpractice remains a critical issue for Staten Island residents, with errors ranging from wrong-site surgeries to retained instruments causing life-altering consequences. While local hospitals provide high-quality care in most cases, the potential for negligence underscores the importance of vigilance and accountability.

Victims of surgical errors have the right to seek justice and compensation through legal action. If you or a loved one has been affected by surgical malpractice, consult an experienced Staten Island medical malpractice attorney to protect your rights and recover the compensation you need.

Choose the Leading Staten Island Medical Malpractice Attorneys for Your Surgical Negligence Claim

We Have Won Over $1 Billion for Injured New Yorkers

For four generations, Rosenberg, Minc, Falkoff & Wolff, LLP has been a trusted and top-rated leader in handling medical malpractice and surgical negligence claims in Staten Island and across New York. With a success rate exceeding 95%, we have consistently secured life-changing results for our clients. When you choose us, you can trust that our winning team will focus on getting you the compensation you deserve while holding negligent medical professionals accountable.

We Are Trial Lawyers

When pursuing a medical malpractice case, it is vital to work with attorneys who are ready and willing to go to trial. At Rosenberg, Minc, Falkoff & Wolff, LLP, we are experienced trial lawyers who have taken hundreds of cases to court. We strategically prepare every case, utilizing medical and economic experts to illustrate how your injuries have affected your life physically, emotionally, and financially. While many of our cases result in favorable out-of-court settlements due to our thorough preparation, we are always ready to take the legal battle before a judge and jury if necessary.

Notable Results for Our Clients in Medical Malpractice Cases

  • $15 Million jury award for a neurosurgical brain injury
  • $15 Million for a hospital negligence case
  • $10.5 Million for an infant brain damage malpractice case
  • $9 Million settlement for a brain-injured baby

These landmark results demonstrate our commitment to achieving justice and substantial compensation for victims of surgical and medical negligence.

Peter Rosenberg: A Legacy of Excellence

Peter Rosenberg, a third-generation trial lawyer, carries on the legacy of his grandfather, Gustave G. Rosenberg, who founded the firm in 1920. Over his career, Mr. Rosenberg has tried more than one hundred cases, earning numerous multi-million-dollar awards for his clients. His skills as a negotiator have led to countless favorable settlements, earning the trust and appreciation of those he represents.

Daniel C. Minc: A Proven Advocate for the Seriously Injured

Daniel C. Minc, a Member and Partner of Rosenberg, Minc, Falkoff & Wolff, LLP, has dedicated his career to representing victims of severe surgical negligence. As a long-standing member of the New York State Trial Lawyers Association, Mr. Minc has achieved multi-million-dollar verdicts and settlements totaling over $500 million. His skills and dedication ensure that clients receive the best possible outcome in their medical malpractice claims.

By choosing Rosenberg, Minc, Falkoff & Wolff, LLP as your Staten Island medical malpractice lawyers, you will have a dedicated team on your side with over a century of experience and a formidable record of large financial recoveries in surgical malpractice cases. To schedule your free consultation, call us at 212-344-1000 or contact us online.

MANHATTAN LAW OFFICE

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

Tel: 212-LAWYERS

Tel: 212-697-9280

MAP »

QUEENS LAW OFFICE

8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only

MAP »

BRONX LAW OFFICE

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

Tel: (212) 344-1000

*By Appointment Only

MAP »

BROOKLYN LAW OFFICE

1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only

MAP »