Surgical malpractice in New York can result in severe, life-altering consequences for patients, as medical errors during surgery can lead to extended recovery periods, additional surgeries, permanent injuries, or even death. A basic knowledge of the legal process and your rights as a patient is vital to determining whether surgical malpractice occurred and what compensation you may be entitled to. Here is a comprehensive list of FAQs from seasoned New York City medical malpractice attorneys on all aspects of surgical negligence cases in New York hospitals and medical centers.
Surgical malpractice refers to negligence or substandard care provided by a surgeon or medical professional during a surgical procedure. This can include errors such as performing the wrong surgery, leaving foreign objects in the body, failing to follow proper surgical procedures, or mismanaging post-operative care. If a patient suffers harm as a result of these mistakes, they may have grounds for a malpractice lawsuit.
Surgical malpractice can occur in a variety of ways, including:
In New York, you may have a surgical malpractice case if the following conditions are met:
If you believe that you were harmed by a surgeon's error, it’s essential to consult with a medical malpractice lawyer who can help assess whether you have a valid case.
In New York, the statute of limitations for filing a surgical malpractice lawsuit is generally two and a half years (30 months) from the date of the alleged malpractice. However, there are exceptions:
It is important to contact an attorney as soon as possible to ensure you meet all legal deadlines.
If you win a surgical malpractice case, you may be entitled to several types of damages, including:
The amount of damages awarded depends on the severity of the injury, the extent of financial losses, and other factors related to the case.
Yes, expert witnesses are usually required in surgical malpractice cases. These experts—typically surgeons or other medical professionals—can testify to the standard of care in your specific situation, explain how the surgeon's actions deviated from that standard, and provide an opinion on whether the error caused your injuries. Expert testimony is crucial to proving that malpractice occurred, especially in complex surgical cases.
Most surgical malpractice lawyers work on a contingency fee basis, which means you don’t have to pay upfront fees. Instead, the attorney takes a percentage of the settlement or award if the case is successful. If the lawyer does not win the case, you don’t owe them any fees. It’s critical to discuss the contingency fee arrangement with your attorney before signing a contract.
The duration of a surgical malpractice case can vary depending on the complexity of the case, the extent of the injuries, and the willingness of the parties to settle. Generally, a malpractice case can take anywhere from several months to a few years to resolve. If the case goes to trial, it may take longer. Your attorney can give you a more accurate timeline based on the specifics of your case.
If you suspect that you have been a victim of surgical malpractice, you should take these immediate steps:
In New York, the standard of care in surgical malpractice cases is determined by what a reasonably competent surgeon in the same field would have done under similar circumstances. The courts rely on expert testimony from other medical professionals to establish whether the surgeon’s actions were appropriate or whether they deviated from the established standard. These expert witnesses must have experience and qualifications in the same specialty as the defendant surgeon.
Yes, a surgical error during a routine procedure can be considered malpractice in New York, as long as the error deviates from the expected standard of care and results in harm to the patient. Even routine procedures carry inherent risks, but if a surgeon’s negligence—such as incorrect technique, improper preparation, or failure to address complications—leads to a patient’s injury, it may be deemed malpractice.
Yes, informed consent is required for every surgery in New York. The surgeon must provide the patient with detailed information about the proposed procedure, including the potential risks, benefits, and any alternatives. The patient must then voluntarily agree to the surgery. If a surgeon fails to obtain informed consent and the patient suffers harm that could have been prevented or avoided, this may form the basis of a malpractice claim.
In New York, the burden of proof in a surgical malpractice claim lies with the plaintiff (the patient). To succeed in a malpractice claim, the patient must prove, by a preponderance of the evidence, that the surgeon’s actions were negligent and that the negligence directly caused their injuries. This typically requires the testimony of medical experts who can establish that the surgeon failed to meet the standard of care.
Yes, you can file a surgical malpractice claim even if you signed a waiver for the surgery in New York. A signed waiver, or informed consent form, acknowledges that the patient understands the risks associated with the surgery. Based on this, it does not absolve the surgeon or medical professionals from liability if they act negligently during the procedure. If a surgical error occurs due to negligence or failure to meet the standard of care, you may still have grounds to pursue a malpractice claim.
A surgeon can be held responsible for post-surgery complications in New York if those complications were caused by negligence during the procedure. Not all complications are the result of malpractice—some are inherent risks of surgery. Moreover, if the complications arise from errors made during the surgery, such as improper technique, failure to monitor the patient during recovery, or improper care of surgical wounds, the surgeon may be held liable.
In cases where multiple medical professionals, such as surgeons, anesthesiologists, and nurses, are involved in a surgical malpractice claim in New York, the court will determine each party's responsibility based on their actions during the procedure. Multiple professionals may share liability if their collective negligence contributed to the injury. The plaintiff’s legal team must establish how each party deviated from the standard of care, and each defendant’s liability will be assessed accordingly.
New York follows a pure comparative negligence rule, which means that if the patient is found to be partially at fault for their injuries, their compensation may be reduced by their percentage of fault. For example, if a patient fails to follow post-operative care instructions and suffers additional harm, the court may reduce their settlement or award accordingly. However, as long as the defendant is found to be at least partially responsible, the patient can still recover damages.
In order to file a successful surgical malpractice claim, you must have suffered harm due to the surgeon’s mistake. If a surgeon makes an error, but it does not cause you any physical harm or injury, you may not have grounds for a malpractice lawsuit. The key to a malpractice case is proving that the surgeon's mistake led to injury or damage that resulted in measurable losses, such as additional medical treatment, lost wages, or pain and suffering.
Proving surgical malpractice typically requires several key elements:
If your surgical wound becomes infected, it is important to seek immediate medical attention. Infections can result from improper sterilization, failure to follow post-surgical care instructions, or the surgeon’s error during the procedure. If the infection was caused by surgical malpractice, it’s crucial to document all medical visits and treatments for the infection, as this may become key evidence in your malpractice case. Consult with a lawyer if you believe the infection is the result of a surgeon’s mistake.
Yes, many surgical malpractice cases are settled outside of court. A settlement may occur after negotiation between your attorney and the defendant’s legal team. Settlements can be beneficial because they allow both parties to avoid the time, expense, and uncertainty of a trial. However, settlements often require you to agree to a confidentiality clause and may result in a lower payout than what could be achieved through a trial. Your attorney will discuss the pros and cons of settlement versus going to trial and advise you on the best course of action based on your unique situation.
If a surgeon admits to making a mistake, it can significantly strengthen your malpractice case. However, an admission of error does not automatically result in a successful lawsuit, as you still need to prove that the mistake caused harm and resulted in damages. In some cases, a surgeon's admission of error may lead to an early settlement offer, but this is not guaranteed. It is important to work with an attorney who can guide you through the legal process and ensure that your rights are protected, regardless of the surgeon’s admission.
In some cases, you may be able to sue the hospital if the surgical malpractice was a result of the hospital’s negligence. For example, if the hospital failed to provide appropriate staffing, allowed an unqualified surgeon to perform the procedure, or didn’t maintain a sterile environment, the hospital may be held liable. Based on this, most malpractice claims are filed against the individual surgeon or healthcare provider who directly performed the surgery. A skilled lawyer can help determine whether the hospital or other parties should be included in your lawsuit.
A bad surgical outcome is a result of a complication or risk inherent in the surgery itself, whereas surgical malpractice involves negligence or substandard care. Not every poor outcome or complication after surgery is due to malpractice. For example, some surgeries carry a certain degree of risk, and complications can arise despite the surgeon’s best efforts. Malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm that could have been prevented. A malpractice lawyer can help determine whether your case involves a bad outcome or negligence.
Yes, you can file a surgical malpractice case even if the surgeon is no longer practicing. If the surgeon’s mistake caused harm, they or their malpractice insurance carrier may still be held liable for damages. In some cases, the surgeon’s former employer or hospital may also be responsible. Stemming from this, it may be more difficult to pursue a case if the surgeon does not have malpractice insurance or is no longer practicing, as there may be limited assets available for compensation. It’s crucial to consult with a lawyer who can investigate the specifics of your case and determine the best course of action.
The timeline for settling a surgical malpractice case can vary depending on the complexity of the case, the extent of the injuries, and whether the parties are able to reach a settlement agreement. On average, a malpractice case can take anywhere from several months to a few years to resolve. If the case goes to trial, it can take even longer. Your attorney will keep you updated on the progress of your case and help you understand the expected timeline based on the specific facts of your case.
In New York, the Statute of Limitations for filing a surgical malpractice claim is 2.5 years from the date the malpractice occurred. Pertaining to this, if the injury was not discovered until later (such as in cases of surgical errors that only become evident after some time), the discovery rule allows the statute of limitations to start from the date the injury is discovered, or should have reasonably been discovered. If the case involves a child under the age of 18, the statute of limitations is extended to a maximum of 10 years from the date of the injury. This flexibility is crucial for surgical malpractice cases where the harm may not become apparent until long after the procedure was performed.
Yes, you may be able to sue for emotional distress caused by surgical malpractice. Emotional distress can include anxiety, depression, fear, and other psychological effects caused by the malpractice. This is often considered part of non-economic damages, which may be awarded in addition to compensation for physical injuries. In some cases, emotional distress may be the primary injury in a malpractice claim, especially if the physical harm was minimal but the emotional toll was significant. Your lawyer can help evaluate the extent of emotional distress and include it in your claim for damages.
In a surgical malpractice case, you may be entitled to several types of compensation, including:
Your attorney will help calculate the total damages you may be entitled to and work to ensure you receive fair compensation for your injuries.
Signing a consent form does not waive your right to file a surgical malpractice claim. While a consent form acknowledges that you understand the risks associated with the surgery, it does not absolve the surgeon or medical professionals from liability if they make a mistake or fail to meet the standard of care. If the surgeon’s error resulted in harm that falls outside of the typical risks disclosed in the consent form, you may still have grounds to pursue a malpractice claim.
Yes, in most surgical malpractice cases, you will need to hire a medical expert to establish that the surgeon’s actions deviated from the accepted standard of care. Medical experts, usually other surgeons or specialists, can review the facts of your case and provide testimony about how the surgeon’s actions caused harm. In New York, a certificate of merit from a medical expert is often required when filing a malpractice claim to show that the claim has merit before proceeding with litigation.
Many surgical malpractice lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The attorney will take a percentage of the settlement or verdict amount as their fee. This allows individuals who cannot afford hourly legal fees to still access quality legal representation. Make sure to ask about the contingency fee structure during your initial consultation, as the percentage may vary depending on the firm.
The discovery phase is an essential part of any malpractice lawsuit, where both parties exchange information relevant to the case. During this phase, the defense and the plaintiff will collect evidence through various methods, such as:
The discovery phase can take several months and is critical for building your case. Your attorney will guide you through this process, helping you gather the necessary documents and prepare for depositions.
Yes, you can file a surgical malpractice lawsuit even if the surgeon is employed by a hospital. In many cases, hospitals can be held vicariously liable for the actions of their employees if the surgeon was acting within the scope of their employment when the malpractice occurred. Additionally, the hospital may be held liable for its own negligence, such as failing to properly credential the surgeon or maintain a sterile environment. Your attorney will help determine the appropriate parties to sue and ensure that you hold the responsible parties accountable.
If the medical care you received after surgery makes your condition worse, this could be grounds for a separate malpractice claim, known as post-surgical negligence. For example, if the doctor fails to monitor your recovery properly or administers improper medication that worsens your condition, you may be able to hold them accountable. It’s essential to document all follow-up treatments and discuss any worsening conditions with your attorney to determine if the new harm is related to the original surgical malpractice.
The length of time for a surgical malpractice case to reach trial can vary significantly. On average, a case may take anywhere from 18 months to 3 years to go to trial, depending on factors such as the complexity of the case, whether settlement negotiations are ongoing, and court schedules. If your case settles out of court, it may resolve more quickly, but if it goes to trial, it may take longer due to the preparation involved in presenting expert testimony and evidence.
If you are unable to work due to injuries sustained in a surgical malpractice incident, you may be able to recover compensation for your lost wages and future earning potential. This includes the income you lost during your recovery period, as well as any long-term or permanent loss of earning capacity if your injuries prevent you from returning to work or limit the type of work you can do. Your attorney will help calculate the financial impact of your lost income and ensure that it is factored into your claim for damages.
Surgical malpractice is a specific type of medical malpractice that occurs during a surgical procedure. While all surgical malpractice is medical malpractice, not all medical malpractice cases involve surgery. Medical malpractice refers to errors made by healthcare providers in any context, such as diagnosing, treating, or prescribing medications. Surgical malpractice specifically deals with mistakes made during the surgery itself, such as wrong-site surgery, surgical instrument errors, or leaving objects inside the body.
If the surgeon or their insurance company offers a settlement before going to trial, your attorney will review the offer to determine whether it fairly compensates you for your injuries. While settlements are often quicker and less expensive than going to trial, it’s remarkable to consider whether the settlement amount fully covers your medical expenses, lost wages, pain and suffering, and any long-term consequences of the injury. If the settlement offer is inadequate, your attorney will negotiate or proceed to trial to pursue a higher amount.
Yes, surgical malpractice cases can involve other medical professionals who were part of the surgical team. While the surgeon is typically the primary focus of a surgical malpractice case, other professionals, such as anesthesiologists, surgical nurses, and surgical assistants, can be held accountable if their actions or negligence contributed to the injury. For instance, an anesthesiologist who administers the wrong dosage or fails to monitor the patient’s vital signs during surgery could be liable for malpractice. Similarly, a nurse who fails to properly assist in the surgical procedure or does not adhere to proper sterile techniques may also be held responsible.
Delayed surgical malpractice refers to situations where harm caused by a surgical error becomes apparent only after a significant delay, often months or even years later. For example, a surgeon might inadvertently leave a surgical instrument inside a patient, but the symptoms (such as infection or internal bleeding) might not appear until much later. In such cases, patients may have difficulty connecting the malpractice to their symptoms, which complicates the case. In New York, the statute of limitations may be extended if the injury was not immediately discoverable, giving the patient more time to file a claim. Proving delayed surgical malpractice often requires strong expert testimony linking the delayed symptoms to the original surgery.
Yes, a surgeon can be held liable for malpractice if the patient was not properly informed about the risks associated with the procedure, even if the patient signed a consent form. Informed consent is a critical component of any surgery. Surgeons are required to explain the potential risks, benefits, and alternatives to a procedure. If a surgeon fails to disclose significant risks, and the patient suffers harm as a result of those undisclosed risks, the surgeon may be held liable for lack of informed consent. This is a separate claim from surgical negligence, and the patient may be entitled to compensation for the injury caused by the failure to inform.
Failure to warn is a specific subset of surgical malpractice involving a surgeon’s failure to inform a patient of the risks of a procedure. Unlike traditional malpractice, which focuses on errors made during the surgery itself, failure to warn centers on the preoperative phase, where a surgeon fails to explain potential risks or complications. For example, if a surgeon does not inform a patient about a possible complication like infection or blood clots that could arise during or after surgery, the patient may be able to claim that the surgeon failed to properly warn them. This could result in a lawsuit based on the surgeon’s breach of the duty to inform.
Yes, it is possible to pursue a surgical malpractice claim if a robot-assisted surgery system malfunctions and causes harm. With the increasing use of robotic surgical systems, such as the da Vinci Surgical System, these machines are being integrated into many surgical procedures. If the machine malfunctions—whether due to faulty programming, malfunctioning parts, or user error by the surgeon operating the system—resulting in patient harm, the surgeon, the hospital, or the manufacturer of the surgical robot may be liable for malpractice. These types of claims require specialized expert testimony to prove that the malfunction led to the injury and that the defendant was responsible for the malfunction.
Yes, if a surgeon fails to account for or properly manage a patient’s pre-existing medical conditions, which leads to worsened outcomes after surgery, the surgeon can be held liable for malpractice. Surgeons are expected to evaluate a patient’s full medical history, including any pre-existing conditions, before proceeding with surgery. If a patient has conditions like diabetes, heart disease, or bleeding disorders that were not taken into account, and the surgery leads to complications due to those conditions, the surgeon’s failure to consider or manage those conditions may be grounds for a malpractice claim.
Surgeon fatigue refers to the physical and mental exhaustion a surgeon experiences. This can lead to impaired judgment, slower reaction times, and errors during surgery. If a surgeon performs a procedure while fatigued, particularly if they work long hours or multiple shifts without sufficient rest, this can increase the risk of errors. Surgeons are required to be in the proper physical and mental condition to safely perform surgery. If fatigue leads to an error that causes harm to the patient, it could be a valid basis for a surgical malpractice claim. Proving that fatigue contributed to the error can be difficult and typically requires expert testimony about the surgeon’s condition and the impact of their fatigue.
Yes, in some cases, surgical errors can be traced back to hospital-related issues, such as insufficient staffing, lack of proper training, or failure to follow established protocols and procedures. If a hospital fails to provide the necessary resources, such as qualified medical staff, or does not ensure that surgeons and their teams are properly trained in the latest surgical techniques, the hospital can be held liable for contributing to a surgical error. This can include situations where there are too few nurses or assistants, improper sterilization procedures, or failure to provide the correct equipment for the surgery. In these cases, both the surgeon and the hospital may be named in a malpractice lawsuit.
Yes, a surgical malpractice case can involve multiple defendants if several parties contributed to the patient’s injury. For example, the surgeon might be directly responsible for making an error during the surgery, the hospital might be responsible for improper staffing or failure to maintain safe surgical conditions, and the manufacturer of medical equipment could be responsible if faulty equipment malfunctioned during the procedure. In cases involving multiple defendants, each party’s responsibility for the injury will need to be clearly established. This type of case often involves complex litigation and requires careful coordination among various experts to prove fault.
The surgeon’s reputation or history of previous malpractice claims can sometimes play a role in a malpractice case, though it does not necessarily determine the outcome. In some cases, evidence that the surgeon has a history of repeated errors or has been disciplined by medical boards may be used to show a pattern of negligence or incompetence. Moreover, past claims alone are not sufficient to prove negligence in a new case; the plaintiff must still establish that the specific incident of malpractice caused harm. That being said, a surgeon’s reputation can influence the case by affecting the credibility of their testimony or actions in the courtroom.
In New York, an Affidavit of Merit is a document that must be filed along with a surgical malpractice complaint. This affidavit, which is typically signed by a medical expert, attests that the expert believes there is a valid case of malpractice based on their review of the facts and medical records. It serves as an initial filter to prevent frivolous lawsuits and ensures that there is a legitimate basis for the claim before proceeding with legal action. The affidavit must be filed within 90 days of initiating the claim, or the case may be dismissed. This requirement is designed to protect healthcare providers from baseless lawsuits while allowing valid claims to move forward.
In New York, the general statute of limitations for filing a surgical malpractice claim is 2.5 years from the date of the alleged malpractice. In relation to this, if the injury was not discovered immediately, you may still have time to file the claim under the discovery rule. This rule allows the statute of limitations to begin from the date the injury was discovered, or should have been discovered, with reasonable diligence. For example, if a surgical instrument was left inside the patient, symptoms like infection might not appear until months later. In such cases, the clock for filing the lawsuit starts when the issue is discovered, extending the timeline beyond the typical 2.5 years.
New York’s Good Samaritan Law provides legal protection for healthcare professionals who voluntarily provide emergency medical care at the scene of an accident or in other urgent situations. However, this law generally does not apply to routine or elective surgeries. If a medical professional commits malpractice during an emergency procedure under this law, they may still be held liable, unless the care was provided in an emergency context and in good faith. In a surgical malpractice claim, the Good Samaritan Law typically would not shield a surgeon or medical staff from liability for negligence that occurs during planned or elective surgeries.
Yes, even if the surgeon is an independent contractor rather than an employee of the hospital, the hospital may still be liable for surgical malpractice under certain circumstances. This is typically based on the legal doctrine of respondeat superior, which holds an employer or facility responsible for the actions of employees performed within the scope of their employment. Pertaining to this, hospitals can also be held accountable for their own negligence, such as failure to properly credential a surgeon, inadequate staffing, or failure to maintain safe surgical facilities and equipment. To file a claim against the hospital, it must be demonstrated that the hospital’s negligence or failure to uphold its duty of care contributed to the malpractice, even if the surgeon was not directly employed by the facility.
Under New York law, healthcare providers, including hospitals and surgeons, are required to provide patients with access to their medical records upon request. If a patient is pursuing a surgical malpractice claim and encounters difficulty obtaining these records, they can file a motion to compel with the court. The court may order the provider to release the records, and failure to comply could result in sanctions, including the possibility of the court ruling in favor of the patient regarding certain facts of the case. In some cases, the court may assume that the withheld records would have supported the patient's claim of malpractice. Medical records are essential for proving malpractice, and a refusal to provide them can complicate the case, but patients are entitled to seek legal remedies to enforce their right to access.
Yes, it is possible to file a surgical malpractice case against a surgeon who has been disciplined by the medical board. While disciplinary actions taken by the medical board—such as license suspension or revocation—can provide evidence of a surgeon's history of negligence, such actions do not necessarily preclude the possibility of filing a lawsuit. In fact, prior disciplinary actions could strengthen a malpractice case if they demonstrate a pattern of substandard care. Based on this, the plaintiff must still prove that the surgeon’s actions during the specific surgical procedure in question fell below the accepted standard of care and directly resulted in harm to the patient.
New York’s no-fault insurance laws primarily apply to auto accidents and cover medical costs, lost wages, and other expenses related to injuries from car accidents, regardless of fault. However, surgical malpractice claims are not covered by no-fault insurance. Surgical malpractice claims must be pursued through medical liability insurance or through a direct lawsuit against the responsible healthcare providers or facilities. While no-fault insurance may cover certain related medical expenses, it does not serve as a substitute for the legal recourse available to patients who have suffered from surgical malpractice.
Yes, you can file a surgical malpractice claim if you suffer from a "never event", such as a surgical instrument being left inside your body. A "never event" refers to serious, preventable medical errors, such as the retention of a foreign object, that should never occur during surgery. These types of injuries are clear indicators of negligence, and if you have sustained such an injury, you may have a strong case for malpractice. In New York, these types of errors are taken very seriously, and patients can pursue compensation for both the immediate medical complications and any long-term effects caused by the retained object, which may require additional surgeries and ongoing medical care.
Yes, if your surgical injury stems from a complication that was not properly disclosed to you during the consent process, you may have grounds for a lack of informed consent claim in New York. Surgeons are legally required to inform patients of the risks and complications that are reasonably foreseeable based on their medical history and the nature of the surgery. If a complication occurs that was not disclosed, and it can be shown that you would not have consented to the surgery had you known, you could potentially pursue both a malpractice claim and a lack of informed consent claim. New York courts recognize this as a serious violation of the patient’s rights, and damages may be awarded for both the physical harm and the breach of trust.
Yes, nerve damage that results in chronic pain, numbness, or paralysis during surgery could be grounds for a surgical malpractice claim in New York. Surgeons have a duty to take the appropriate precautions to avoid damaging nerves during surgery. If nerve damage occurs due to improper technique, miscalculation, or failure to identify and protect nerves during the procedure, it could be a sign of negligence. This is particularly true if the damage leads to chronic pain, permanent disability, or loss of function. Expert testimony will be crucial in demonstrating how the nerve damage occurred and whether it was avoidable. New York courts may award significant damages to cover medical treatment, rehabilitation, and long-term care costs for such injuries.
Yes, a vascular injury, such as puncturing an artery during surgery, can lead to a valid surgical malpractice claim in New York if it is the result of negligence. Surgeons are trained to handle delicate blood vessels during procedures to avoid any such injuries. If the injury occurs because of improper technique, failure to identify the artery, or inadequate pre-surgical planning, it may be grounds for a claim. In some cases, puncturing an artery can lead to significant complications, including severe bleeding, organ damage, or even death, making it a potentially life-threatening surgical error. If you can prove that the injury was avoidable and resulted from the surgeon’s negligence, you may be entitled to compensation for the resulting harm and medical expenses.
Yes, surgical infections resulting from improper sterilization of surgical instruments or inadequate infection control protocols can constitute a valid surgical malpractice claim in New York. Surgeons and healthcare facilities are required to follow strict sterilization procedures to prevent infections, especially during invasive surgeries. If you developed an infection due to failure to properly sterilize instruments or maintain a sterile environment, you may have a strong case for malpractice. Infections can lead to additional surgeries, extended hospital stays, and permanent damage, which could result in significant damages. Proving negligence in these cases typically requires expert testimony on the proper sterilization procedures and evidence showing that the infection could have been avoided.
If your surgeon failed to recognize an existing condition such as a bleeding disorder, and that oversight led to a complication during surgery, you may have grounds for a surgical malpractice claim in New York. Surgeons are responsible for conducting thorough pre-operative assessments, including reviewing a patient’s medical history and performing any necessary tests to identify conditions that could complicate the surgery. If the surgeon failed to identify a known or suspected condition, like a bleeding disorder, that could have impacted the surgery, this could constitute negligence. If the failure to diagnose or consider this condition led to unnecessary complications, such as excessive bleeding or even death, you could seek compensation for the injury caused by this oversight.
Yes, if a surgeon or anesthesiologist makes an error during the administration of anesthesia, causing harm or complications, you may have grounds for a surgical malpractice claim in New York. Anesthesia errors can lead to serious complications, such as brain damage, heart failure, or even death. These errors could be caused by improper dosages, failure to monitor vital signs, or administering the wrong type of anesthesia. Anesthesia malpractice cases often require expert testimony to determine whether the anesthesiologist followed the appropriate protocols and whether the error was avoidable. If the error was due to negligence, you may be entitled to compensation for the harm caused by the mistake.
Yes, if a patient is not properly monitored during surgery, resulting in complications such as hypoxia (lack of oxygen) or organ failure, this can form the basis of a surgical malpractice claim in New York. Surgeons and their teams are responsible for continuously monitoring a patient's vital signs, oxygen levels, and organ functions during surgery to prevent such life-threatening complications. If the medical team fails to adequately monitor the patient or respond to changes in the patient’s condition, it could be deemed negligent. In these cases, you may have a claim for malpractice if you can prove that the failure to monitor led to preventable harm, requiring significant treatment or resulting in permanent damage.
Yes, it is possible to settle a surgical malpractice case in New York even if your injuries are ongoing. However, the settlement may take into account both the current treatment costs and the future expenses related to your injury. This is especially important in cases where you have chronic conditions or require long-term medical care. Your attorneys will work with medical experts to estimate future medical costs, lost wages, and other damages that you may incur in the years to come. Settling while still undergoing treatment can provide immediate relief, but it’s important to ensure the settlement covers all future medical and personal needs before agreeing to it.
Settlement offers for surgical malpractice cases involving elective surgeries versus emergency surgeries can differ significantly in New York. In elective surgeries, the patient typically has the ability to choose the surgeon and procedure, and the surgeon is expected to disclose all risks and alternatives. Therefore, if a mistake occurs, the case may be considered less excusable and may attract higher settlements. In contrast, emergency surgeries are often performed under urgent circumstances where the surgeon may have limited options. The standard of care in these cases may be evaluated differently, but if negligence or error is evident, the settlement amounts could still be substantial, though possibly lower due to the nature of the emergency context.
Yes, the experience of the surgeon involved in a malpractice case can impact the settlement amount. In New York, the law holds surgeons to a high standard of care, and the more experienced or highly regarded a surgeon is, the more likely they are expected to adhere to that standard. However, if an experienced surgeon is involved in malpractice, their familiarity with procedures can work against them if their error is considered more egregious. In general, if the malpractice involves a high-profile or well-known surgeon, settlements may be larger due to the heightened expectation of care and scrutiny from the public and insurance companies.
Yes, loss of enjoyment of life is a recoverable damage in a surgical malpractice settlement in New York. If the surgical error results in permanent physical, mental, or emotional impairments that prevent you from engaging in activities you once enjoyed, you may claim compensation for this loss. This is a non-economic damage, which compensates you for the significant decrease in your overall quality of life. The amount awarded for this type of damage can vary, depending on the severity of the injury and its impact on your daily activities.
In cases involving multi-defendant surgical malpractice, such as when both the surgeon and the hospital are at fault, insurance companies often try to shift blame to one another to minimize liability. This can result in more complex settlement negotiations, but it also presents the opportunity for higher settlements, as the responsible parties may attempt to offer compensation before the case goes to trial. Each party’s insurance carrier may offer separate settlements, or a collective settlement may be reached. The value of the settlement will be influenced by the percentage of fault assigned to each party and the total damages suffered by the victim.
Yes, punitive damages can be awarded in surgical malpractice cases in New York, though they are rare. Punitive damages are awarded in cases where the defendant’s actions were particularly egregious or malicious, such as when a surgeon shows a reckless disregard for patient safety or intentionally harms a patient. These damages are intended to punish the defendant and deter future misconduct, rather than compensate the victim. In surgical malpractice cases, punitive damages may be awarded if there is evidence of gross negligence, fraud, or intentional harm.
In New York, settlement amounts in surgical malpractice cases can vary significantly depending on whether the case goes to trial or settles beforehand. Settling before trial usually results in quicker compensation but may come at the cost of a lower settlement amount, as the defendant is incentivized to avoid the risks of a trial. On the other hand, cases that proceed to trial can result in higher settlements if the court finds in favor of the plaintiff, but they also involve more risks, longer timelines, and higher legal costs. A skilled attorney can help determine the best path, balancing the risks of trial against the benefits of a settlement.
Medical records are usually central to the success of a surgical malpractice claim in New York, and they play a pivotal role in the settlement process. These records can provide clear evidence of the standard of care, show how the surgical error occurred, document the extent of your injuries, and trace your treatment journey. Discrepancies or omissions in the medical records can be used to support the argument that the surgery was mishandled or the patient’s injury was not properly treated. Comprehensive and well-maintained records strengthen the case for higher settlements, while poor or incomplete records may hinder the ability to claim substantial damages.
Yes, the long-term impact of a surgical injury significantly influences the value of a surgical malpractice settlement in New York. If the injury results in permanent disability, chronic pain, or the need for future surgeries or medical care, the settlement amount will reflect those long-term consequences. In such cases, your lawyer will likely consult with medical experts to estimate future medical expenses, lost earnings, and the overall impact on your quality of life. The severity of the permanent damage, as well as the likelihood of requiring ongoing care, will directly affect the compensation you are entitled to receive in a settlement.
If you or a loved one has suffered due to surgical negligence in New York, don't let the responsible parties escape accountability. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have a proven track record of securing substantial compensation for victims of surgical malpractice. With over four generations of legal experience and a history of winning over $1 billion for our clients, we know how to fight for justice. Our top-rated team of experienced attorneys is ready to take on the toughest cases, ensuring you receive the medical care, compensation, and peace of mind you deserve. When your life has been altered by a surgeon's negligence, we are here to make sure the responsible party pays for their mistake.
Time is critical in surgical malpractice cases, and we won’t let your rights slip away. If you have been harmed due to a surgeon’s error, it is vital to act now and secure the legal representation you need. Our lawyers will thoroughly investigate the details of your case, provide expert testimony, and work relentlessly to hold the negligent parties accountable. Let us handle the complexities of the legal process while you focus on recovery. Reach out to us today and start your path to justice. Don’t settle for less when you can work with the best. To schedule your free consultation, call us at 212-344-1000 or contact us online.
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