Surgeries may be necessary to maintain or improve a patient’s quality of life. However, various procedures may have significant risks that could cause significant harm to a person’s health or even cause premature death.

Surgeons have a duty to do all they can to reduce the risk of complications during and after surgery. If one breaches this duty and you sustain injuries as a result, you may want to contact a skilled surgical errors attorney. Speaking with a knowledgeable Albany post-operative complications lawyer could help you determine if you might be entitled to compensation.

Types of Post-Operative Complications

All surgeries and procedures come with inherent risks. Doctors are required to review these risks so their patients may give informed consent prior to the procedure or surgery. However, some post-operative complications are unforeseen and often the result of medical staff’s negligence.

The following post-operative complications are often related to malpractice:

  • A foreign object left in the body
  • Excess bleeding
  • Infection
  • Pneumonia
  • Deep vein thrombosis (DVT)
  • Pulmonary embolism (PE)
  • Stitches or staples not holding an incision shut

Each of these complications could be related to negligence on the part of a healthcare provider. By taking proper care to follow anti-infection procedure and utilizing other industry-standard techniques, most of these complications can be avoided entirely. An experienced Albany post-operative complications attorney could review a patient’s case to determine if negligence led to their post-surgery complications.

The Requirement for a Professional Medical Opinion

Plaintiffs in Albany should be aware of New York Civil Practice and Law Rules §3012-a when seeking a lawyer to help file a lawsuit based on post-operative complications. This statute requires the filing attorney to also file a certificate of merit with a case alleging medical malpractice.

What is Required for a Certificate of Merit?

To complete and file a certificate of merit, the attorney must do one of the following:

  • Meet with a licensed medical expert who reviews the case and agrees that medical negligence occurred, validating the legal claim
  • Make three separate good-faith attempts to meet with medical experts for their review without success

Can the Statute of Limitations be Extended?

If meeting the requirements of the certificate of merit would prevent a case from being filed within the two year and six-month deadline set by the statute of limitations, the law may permit an additional 90 days after the case’s initial filing for the plaintiff to file the certificate of merit. A malpractice case filed without a certificate of merit may not proceed and may be dismissed from the court by a judge.

Speak with an Albany Post-Operative Complications Attorney

If you believe your post-operative complications are the result of a medical professional’s negligence, you should have an Albany post-operative complications lawyer review your case. Under New York state law, patients with injuries that are the result of medical negligence may be entitled to monetary recovery for damages such as pain and suffering, lost wages, and medical bills. Schedule your case consultation today and begin the legal process for pursuing the compensation and justice that you deserve for your injuries and losses.