Along with wrong patient and wrong procedure, wrong-site surgeries are termed never events – meaning they should never happen. When they do occur, there can be severe safety problems that necessitate investigation. Patients experiencing one of these errors might benefit from the compassionate assistance of an experienced Hudson Valley wrong-site surgery lawyer. Reach out to a dedicated surgical error attorney today.

Requirements to File a Hudson Valley Wrong-Site Surgery Lawsuit

New York statute allows patients who received a wrong-site surgical procedure to file a lawsuit pursuing compensation for their injuries. To ensure their case is as successful as possible, these patients should be aware of two important filing requirements.

How Does a Certificate of Merit Apply in a Wrong-Site Surgery Case?

Lawmakers in New York made it a priority to cut down on medical malpractice type lawsuits that are filed with little or no merit. They now require the plaintiff’s Hudson Valley wrong-site surgery attorney to file a certificate of merit with their complaint.

As stated in New York Civil Practice & Law Rules § 3012-a, an attorney uses the certificate of merit to prove that there is a valid reason for the claim in the eyes of an expert in the medical field. The certificate of merit must state that one of the following is true:

  • After reviewing the facts of the case, a medical expert in the same field as the defendant agrees that the defendant provided imprudent or negligent medical care that was not in keeping with industry best practices
  • The lawyer made three good-faith attempts to meet with different medical experts but was unsuccessful

Statute of Limitations for Wrong-Site Surgery

The statute of limitations gives plaintiffs in a wrong-site surgery suit two years and six months from the date of the surgery to file their claim. If a claim is not filed within this mandated amount of time, the plaintiff may be legally barred from recovery.

What Causes Wrong-Site Surgeries?

Negligence is the most common cause of wrong-site surgical errors. Negligence occurs when one or more surgeons and hospital staff failed to provide the standard of care owed to their patient.

Often, there are multiple factors leading to a wrong-site surgery. Wrong-site surgeries are often caused by one or more of the following:

  • Poor communication
  • Inconsistent site marking procedures
  • Rushing during patient verification of procedure and site
  • Multiple procedures performed by the same provider
  • Rushing or distractions during the required surgical team verification
  • Pressure from upper management to increase surgical volume leading to shortcuts and variation in practice

Regardless of the reason for a wrong-site surgery, there is no excuse for such an event. Victims might face a lifetime of disability and disfigurement. A wrong-site surgery lawyer in Hudson Valley may provide them with the legal representation needed to recover needed financial compensation and justice after a medical error of this type.

Help from a Compassionate Hudson Valley Wrong-Site Surgery Attorney

The physical, emotional, and financial consequences of these negligent mistakes could last a lifetime. With the help of a compassionate Hudson Valley wrong-site surgery lawyer, you could pursue compensation for their damages. To get your wrong-site surgery case started, call an attorney today.