(845) 802-0047When a surgical procedure goes wrong and a patient suffers severe complications and injuries as a result, negligent medical staff may be responsible. Patients enduring post-operative complications could face considerable medical expenses, lost income, scarring, disfigurement, as well as pain and suffering. A seasoned Kingston post-operative complications lawyer could fight for the compensation you deserve for everything these complications have cost you. A surgical error attorney could guide you through the complex legal process of filing a claim.
Which Types of Errors Might Cause Post-Operative Complications?
Even when a patient undergoes a successful surgery, they are not automatically guaranteed a recovery free from complications. Post-operative complications occur due to the negligence of the attending surgeon or other medical staff. These errors include:
- Tissue, organs, or nerve damage
- Infection from non-sterile instruments
- Insufficient post-operative care
- Foreign objects and medical equipment left inside the patient
- Prescribing too little or too much pain medication
- Performing the wrong surgery or an unnecessary procedure
Patients who are experiencing complications post-surgery should make an appointment for a case consultation with a Kingston attorney. A knowledgeable lawyer could help victims determine whether their complications were caused by negligence and identify liable parties.
Kingston Statutory Deadline for Post-Operative Complications
New York Civil Practice Law and Rules §214-A establishes the general time limit for a plaintiff to file a medical malpractice case. Victims have two years and six months from the date of the malpractice to commence their lawsuit. Failure to file in time may result in a forfeiture of the right to sue.
What is the Limited Discovery Rule?
If a case involves a foreign object left inside the patient after surgery, a patient has one year from the date the foreign object is discovered or reasonably should have been discovered to file a lawsuit. Injured patients who are interested in seeking damages should speak with a Kingston post-operative complications attorney as soon as possible to protect their legal right to financial recovery.
Recovering Damages in a Kingston Post-Operative Complications Case
Surgeons and other medical providers are held to an extremely high standard of care as mistakes could lead to permanent impairment or even death. The medical standard of care is defined as what a reasonably competent doctor in the same area of medicine would provide under the same circumstances. To establish malpractice, plaintiffs must show that:
- The medical professional owed them a duty of care
- Their action or inaction violated that duty of care
- That error was the proximate and direct cause of the plaintiff’s damages
- The plaintiff suffered actual financial damages
A Kingston attorney who understands the complexity of post-operative complications cases could identify any parties who may be liable for the plaintiff’s injuries and pursue just compensation from them.
Kingston Post-Operative Complications Attorney
A Kingston post-operative complications lawyer with experience handling these types of malpractice case could help alleviate the financial burden of your injury, and allow you to focus on recovery. An experienced attorney could help you receive the compensation you are owed after an injury caused by negligence during or after surgery. Call now to set up your attorney consultation and get started with your case.