Jesse’s parents stated that the surgeon initially did not take responsibility for accidentally operating on the incorrect eye, and appeared to be trying to cover up the mistake. Eventually, she admitted that she had lost her sense of direction during the procedure because a nurse had mistakenly covered the mark she had made before surgery on the eye that needed correction.

Unfortunately, Jesse’s left eye began to wander after the surgery, and his mother claims that his right eye still does not appear to be fixed. Though Jesse seems to have normal eyesight, he has to have eye drops put in his eyes three times a day, as well as wear dark sunglasses to protect his eyes.

Though Jesse’s mother does not believe the surgeon to be a bad person, she stated that she filed a medical malpractice lawsuit to make the error known publically to prevent such mistakes from happening in the future. 

Legal Matters

Surgical errors are also known as “never events” because they are errors that never should have happened. Ultimately, they are preventable mistakes made during surgery which can lead to injury, disability, and even death; which is why so many medical malpractice lawsuits are filed. 

Legally, your doctor is responsible for informing you of all the risks associated with your surgery, and they need to have your informed consent in writing before operating on you. Therefore, if you wish to file a medical malpractice lawsuit, you will need to follow an established legal, medical malpractice protocol. It is of great importance that you consult with a qualified medical malpractice lawyer to guide you through this process, as these protocols differ between states and there is a statute of limitations that needs to be adhered to.

You will stand the best chance of winning your lawsuit if you hire a qualified NYC medical malpractice attorney who can correctly guide you through the following:

  1. Contacting the medical professional involved to find out what went wrong and if it can be remedied
  2. Contacting the relevant medical licensing board if you do not get help from the medical professionals involved
  3. Finding out the statute of limitations so that you file your claim in time
  4. Getting a certificate of merit that states that your injuries were caused by the healthcare professional’s negligence
  5. Consider settling out of court, as medical malpractice lawsuits are complex, and can take a lot of time and money before they are resolved


If you think that you, or even a family member, may have been a victim of a surgical error, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

You can speak to one of our medical malpractice attorneys by calling 212-344-1000 for a free, confidential consultation.


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

Tel: 212-LAWYERS

Tel: 212-697-9280



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Queens, NY 11435

Tel: (718) 399-3100

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

Tel: (212) 344-1000

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1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only