Future Surgeries Can Be Compensated In New York Medical Malpractice Cases


When a victim of New York medical malpractice has been injured by the negligence of a healthcare provider, there are a lot of uncertainties and questions. This can be made more complicated when the medical malpractice has caused very serious injuries, permanent disabilities, or debilitating conditions. The worse the medical malpractice, the more questions and uncertainties a victim will have.

Many times very serious instances of medical malpractice will result in numerous treatment to correct the mistakes. Sometimes these treatments may be immediate to prevent harm, such as emergency treatment to prevent serious infections like sepsis, or or to close a perforation in a patient’s bowel before it becomes uncontrollable and irreversible. Sometimes the immediate repairs are to fix mistakes in surgery, such as a botched hip replacement that leaves one leg shorter than the other and needs to be corrected, or when a foreign object is left inside of a patient.

But other times the surgeries needed to fix the medical malpractice are not needed right away, or additional surgeries are needed but not in the immediate future. For instance, if a surgeon botches an arthroscopic knee surgery which results in a knee replacement having to occur, the victim of this medical malpractice may need to get another knee replacement in 20 years. This means that the medial malpractice can be causing a victim pain and suffering in the well-distance future.

Should a negligent healthcare provider be liable for these types of medical malpractice?

ABSOLUTELY! Any harm that a healthcare provider negligently causes you can be compensated for. Specifically for future surgeries, this is considered future damages or future pain and suffering. For surgeries that will occur in 20 years or longer, typically a health care planner, medical expert, or related type of expert will be necessary to opine that the additional surgery is required.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.