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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Complications from surgical burns may include:
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.
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