Surgery carries inherent risks to the patient. Some of the most damaging risks stem from negligence. Surgical errors may range from errors in preoperative care, unwarranted procedures to perforations of internal organs by a surgical utensil during the performance of surgical procedures.
According to a study performed by the Institute of Medicine, as many as 98,000 people are killed every year as a direct result of medical malpractice. Even though the medical profession is highly esteemed for its quality of performance, this modest estimation raises serious concerns about the safety standards and quality of care in today's medical profession. If you or a loved one has been injured in a surgical procedure and you think that medical negligence was the cause of your injury, it is important to discuss your case with an experienced New York surgical malpractice attorney.
Serving clients across New York State and beyond, the lawyers of Rosenberg, Minc, Falkoff & Wolff, LLP, specialize in personal injury and malpractice cases. If you have been injured by medical malpractice, you can rest assured that we have the skill and experience necessary to prepare your case. There are numerous circumstances that may arise while on the operating room table that may lead to a faulty surgical performance or flawed surgical performance.
The following are examples of surgical errors:
Our client was a 49-year-old man on disability because of epilepsy. He underwent neurosurgery for the removal of a benign temporal lobe tumor. During surgery, our client suffered a stroke because of obstruction of the anterior choroidal artery that runs near the temporal lobe. The obstruction of the blood supply damaged extensive areas of the brain, leaving paralysis of the left arm and leg and visual impairment.
Our client claimed the doctor negligently cauterized the artery while removing the tumor from the temporal lobe. The defense contended that only a minor branch of the artery was cauterized, which caused a clot formation to ultimately obstruct the main artery. The defense further contended that this was always an accepted risk in this type of surgery.
The jury found that the physician deviated from accepted practice by injuring the artery rather than a branch of it and that such an action was not an accepted risk of the procedure. Our efforts led to a verdict of $15 million.
Contact us to schedule a free consultation about your surgical malpractice claim.
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Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."
The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.