Victim of a Surgical Burn? NYC's Top Medical Malpractice Lawyer Can Help

Surgical burns are a devastating and mostly avoidable consequence of medical negligence. These burn injuries can result in severe pain, long-term scarring, and other debilitating conditions. In New York, victims of surgical burns due to medical malpractice may be entitled to compensation for their medical expenses, lost wages and pain and suffering. Injured victims should seek legal representation from an experienced New York medical malpractice attorney to hold the negligent parties liable for maximum damages.

What are Surgical Burns?

Surgical burns are unintended injuries caused by heat or energy sources used during a medical procedure. These can result from improper handling of surgical tools, equipment malfunction, or the failure to properly manage heat sources like lasers, electrosurgical devices, or chemical agents. Surgical burns may affect various layers of skin, underlying tissues, and even organs, leading to significant complications.

Common Causes of Surgical Burns

Surgical burns in operating rooms can result from various types of equipment, and most of these injuries are preventable with proper care and diligence. Below is a more detailed exploration of the primary causes of surgical burns, along with two additional causes that can lead to serious injuries during medical procedures:

Electrocautery or Electrosurgical Devices

Electrocautery and electrosurgical devices are commonly used during surgeries to cut tissue or cauterize wounds by applying electrical currents. While highly effective, these tools can pose risks if not used with precision.

• Cause of Burns: Burns occur when electrical current is misapplied or left on the tissue for too long, causing excessive heat and damaging surrounding skin or deeper tissue. Issues such as poor insulation or malfunctioning equipment can worsen these burns, making them more severe.
• Risk Factors: Surgeons must be thoroughly trained in the precise use of these devices, and equipment should undergo regular inspections to prevent malfunctions. Neglecting these safety measures can lead to significant harm for patients.

Laser Burns

Lasers are utilized in surgeries requiring precision, such as eye surgeries, dermatological treatments, and cosmetic procedures. Although effective in targeting specific areas without affecting surrounding tissue, they can cause burns if misused.

• Cause of Burns: Burns occur when the laser is either improperly calibrated or the surgeon inadvertently exposes healthy tissue to laser energy. Even minor misalignments can result in burns that may cause scarring or deeper tissue damage.
• Risk Factors: Ensuring proper laser calibration and safety protocols is critical. A lack of sufficient training or inadequate equipment checks can greatly increase the risk of laser-related burns.

Chemical Burns

Chemical burns can arise from the misuse of antiseptics or sterilizing agents like iodine or alcohol-based solutions. These substances, when used incorrectly, can lead to severe chemical burns on the patient’s skin or mucous membranes.

• Cause of Burns: Burns typically happen when these chemicals are applied for too long or when excess amounts are not properly removed from the patient’s skin before surgery. Chemical burns can be as severe as thermal burns and may lead to infection if left untreated.
• Risk Factors: The surgical team must ensure that all chemicals are applied in appropriate concentrations and are thoroughly cleaned off after sterilization. Failing to follow proper procedures can significantly increase the risk of burns.

Hot Surgical Instruments

Surgical instruments like scalpels, clamps, and retractors can become excessively hot during the sterilization process or through continued use during surgery. If these instruments are not properly cooled before use, they can inflict serious burns.

• Cause of Burns: Instruments overheated during sterilization or due to friction during surgery can cause burns when they come into contact with the patient. These burns may go unnoticed during the procedure, leading to complications later on.
• Risk Factors: Medical staff must consistently check instrument temperatures before passing them to the surgeon. Failure to monitor the heat levels can result in severe and unnecessary injuries.

Burns from Heat-Producing Equipment

Operating rooms are equipped with various heat-producing devices, including warming blankets, surgical lights, and diathermy machines. These devices are essential for surgery but can cause burns if not carefully managed.

• Cause of Burns: Burns from heat-producing devices generally occur when they are placed too close to the patient or left on for an extended time without proper supervision. This can result in significant thermal burns to the skin and underlying tissue.
• Risk Factors: Proper positioning and regular monitoring of these devices are crucial. Equipment must be checked for overheating risks, and operating room staff must be diligent in preventing prolonged exposure to heat sources.

Friction Burns

Friction burns occur from excessive rubbing or heat generated by high-speed mechanical devices used during surgery. Instruments such as drills, oscillating saws, or other tools that require constant friction can lead to burns if mishandled.

• Cause of Burns: When these tools are improperly used or not adequately lubricated, they can generate enough heat to cause a friction burn. These burns may result in deeper tissue damage if not detected during the operation.
• Risk Factors: Ensuring proper lubrication and careful handling of tools is critical. Regular maintenance of equipment is also necessary to prevent overheating or malfunction.

Burns from Defective or Poorly Maintained Equipment

Surgical equipment that is defective or not properly maintained can malfunction, leading to burns. Hospitals and medical centers must ensure that all equipment is in good working order to prevent such injuries.

• Cause of Burns: Burns occur when faulty equipment generates excessive heat or electrical sparks. For instance, defective electrosurgical devices may produce too much heat, or lasers might emit erratic energy bursts, causing unintended burns.
• Risk Factors: Regular inspection and maintenance of equipment are vital to prevent malfunctions. Failing to repair or replace outdated tools can make a medical institution liable for negligence leading to surgical burns.

Burns from Electrical Malfunctions

Electrical equipment in operating rooms, such as electrosurgical devices and monitors, may pose a burn risk if not properly grounded or if they malfunction. These burns can be severe, damaging both the skin and deeper tissues.

• Cause of Burns: Electrical burns happen when a device with faulty wiring emits an electric current onto the patient’s body. This type of burn can cause deep and serious damage, leading to complications if not properly addressed.
• Risk Factors: Ensuring proper grounding of all electrical equipment and performing regular checks for faulty wiring are crucial to avoiding electrical malfunctions. Surgeons and staff must be diligent in testing equipment safety before surgery.

Burns from Improper Use of Warming Devices

Warming devices, such as thermal blankets or fluid warmers, are commonly used in surgeries to regulate a patient's body temperature. However, if these devices are misused or left unattended, they can cause thermal burns.

• Cause of Burns: Prolonged exposure to warming devices set at improper temperatures can cause burns. For example, a warming blanket placed too close to the skin or turned up too high can result in serious burns during prolonged surgeries.
• Risk Factors: Proper use and monitoring of warming devices are critical to preventing burns. Medical staff must ensure that warming devices are not left on for too long and are applied correctly to avoid direct contact with the skin.

Burns from Improper Use of Sterilization Tools

Sterilization tools, such as autoclaves, are used to disinfect instruments before surgery. If instruments are not properly cooled after sterilization, or if sterilization is done incorrectly, burns can result when these tools come into contact with the patient.

• Cause of Burns: Instruments that are improperly sterilized or not cooled after sterilization can cause burns when used on a patient. Failure to follow proper sterilization protocols increases the likelihood of these injuries.
• Risk Factors: Proper cooling of instruments after sterilization and adherence to sterilization protocols are crucial to preventing burns.

Instances of Negligence Leading to Surgical Burns in New York

Medical professionals have an obligation to maintain the highest standard of care during surgery. When this duty is breached, it can lead to serious consequences, including surgical burns.

Failure to Properly Use Equipment

Surgical instruments such as electrosurgical devices, lasers, or heat-based tools are essential for various surgical procedures. These devices, however, must be handled with precision and care to avoid harm to the patient.

Negligence: Burns occur when these tools are misused, either by applying excessive heat to the surgical site or by directing the equipment toward healthy tissue. For example, if an electrosurgical device is used for too long in one area, or the surgeon does not follow proper technique, the electrical current can cause burns to the surrounding skin or organs.

Example: A surgeon performing a laparoscopic procedure improperly manipulates an electrocautery tool, causing severe burns to the patient's abdomen that go unnoticed during surgery.

Lack of Adequate Training

Surgeons and operating room staff are required to be proficient in the operation of all equipment used during procedures. Lack of proper training or expertise in handling specific surgical devices can increase the risk of injury.

Negligence: A burn injury may occur if a surgeon or assisting medical professional is not fully trained in using sophisticated tools like lasers or heat-based instruments. In such cases, incorrect calibration, poor handling, or unsafe practices can result in surgical burns.

Example: A nurse who has not received adequate training on a particular laser device applies it improperly during a skin surgery, leading to a severe burn on the patient’s face.

Inadequate Maintenance or Calibration of Equipment

Surgical equipment must undergo regular maintenance to ensure it functions safely and effectively. Medical facilities are responsible for making sure that all devices are calibrated and in good working order before they are used in any procedure.

Negligence: Faulty equipment or devices that have not been adequately maintained pose a significant risk to patients. For example, lasers or electrocautery devices that are not properly calibrated may emit more heat than necessary, causing burns to tissue.

Example: A hospital in New York fails to inspect and service an electrosurgical unit. During surgery, the device malfunctions, delivering an excessive amount of heat and causing third-degree burns to the patient.

Failure to Monitor Patients

During surgical procedures, the operating team is responsible for closely monitoring the patient’s condition, particularly when heat-generating equipment is in use. A lapse in vigilance can lead to prolonged exposure to these devices, resulting in burns.

Negligence: If the surgeon or nursing staff fail to notice that a heat-based device is improperly placed or left in one spot for too long, the patient may suffer burns. Timely monitoring of equipment and patient positioning is essential to prevent such injuries.

Example: A surgical light positioned too close to the patient’s skin goes unnoticed for an extended period, leading to second-degree burns that require additional treatment.

Improper Application of Chemicals

Various chemicals, such as antiseptics and disinfectants, are used during surgery to sterilize the patient’s skin and surgical area. If these chemicals are not used properly, they can cause severe chemical burns.

Negligence: Medical staff may fail to dilute a chemical solution properly or may neglect to remove the solution from the patient’s skin before the surgery begins, leading to chemical burns. Incorrect handling of these substances poses a serious threat to patient safety.

Example: A New York surgeon fails to ensure that an alcohol-based antiseptic has evaporated before using an electrocautery device, resulting in a flash burn on the patient’s skin.

Overheating Surgical Instruments

Instruments used during surgery, such as scalpels, retractors, or clamps, may be heated as part of sterilization or due to specific procedural needs. If the temperature of these instruments is not carefully monitored, they can cause burns.

Negligence: Burns can occur when surgical tools are too hot, either from sterilization processes or equipment that produces heat during surgery. Surgeons are responsible for ensuring that all tools are at a safe temperature before using them on the patient.

Example: A scalpel overheats after being left near a warming device, and the surgeon uses it on the patient without first cooling it, causing a burn injury on the incision site.

Negligence in Managing Heat-Producing Equipment

In operating rooms, heat-producing devices such as warming blankets, lights, or surgical diathermy machines are frequently used to maintain the patient’s body temperature or assist in the surgical process. Improper management of these devices can lead to burns.

Negligence: If these devices are positioned too close to the patient or used at improper settings, they can cause thermal injuries. Medical staff must ensure that any equipment that generates heat is used in a manner that does not endanger the patient.

Example: A warming blanket, designed to maintain the patient's body temperature, is set at an excessively high temperature and left in place for too long, leading to a burn on the patient's back.

Failure to Identify and Treat Early Signs of Burns During Surgery

Burns that occur during surgery can sometimes go unnoticed if not immediately visible or if the operating team fails to recognize early signs of tissue damage. Surgeons and staff have a responsibility to identify and address any injury as soon as it occurs to prevent further harm.

Negligence: When early signs of burns, such as discoloration or blistering, are ignored, the damage can worsen. Failing to treat burns promptly can lead to more severe injuries, prolonged recovery times, and additional complications.

Example: During an abdominal surgery, a minor burn caused by a hot retractor goes unnoticed. The failure to identify and treat the burn leads to the injury worsening, requiring follow-up surgeries to repair the damaged tissue.

The Medical Consequences of Surgical Burns

Surgical burns can have serious and long-term consequences for the patient. These injuries can range in severity and can include:

• First-degree burns: Affect the outermost layer of the skin and cause redness, swelling, and pain.
• Second-degree burns: Affect deeper layers of the skin and cause blistering, severe pain, and potential scarring.
• Third-degree burns: Penetrate all layers of the skin and underlying tissue, causing nerve damage and significant scarring or disfigurement.

Complications from surgical burns may include:

• Infections: Open wounds from burns can become infected, leading to further medical complications and a longer recovery time.
• Permanent Scarring and Disfigurement: Severe burns can result in permanent disfigurement and psychological trauma.
• Nerve Damage: Deep burns can damage the nerves, resulting in numbness or chronic pain.
• Emotional Trauma: Suffering from a surgical burn can cause significant emotional distress, leading to anxiety, depression, or post-traumatic stress disorder (PTSD).

Get the #1 New York Medical Malpractice Attorneys on Your Side 

For four generations, the New York City surgical malpractice law firm of Rosenberg, Minc, Falkoff & Wolff, LLP has been a top-rated leader in securing justice for victims of medical negligence. With over $1 BILLION recovered for injured New Yorkers, including notable victories like a $15 million jury award against a hospital and $10.5 million for infant brain damage, our 95% success rate speaks to our relentless pursuit of results. Once we take your case, rest assured our experienced team will leave no stone unturned to recover the largest possible compensation you are entitled to. To schedule your free consultation, call us at 212-344-1000 or contact us online.