(845) 802-0047The consequences of an incorrect surgical procedure could be catastrophic, leading to further surgical procedures, lifelong medical complications, and even death in some circumstances. If you were injured because of a wrong surgery, it may be wise to contact a Kingston wrong procedure lawyer for more information regarding your legal options. A surgical error attorney could review the viability of your potential claim and help you seek damages to compensate for your losses.
How Wrong Procedures May Occur
There are many situations in which a wrong procedure could happen from surgical errors to an operating team failing to use reasonable care while performing the procedure. Some of the most common reasons surgical mistakes occur include:
- Poor preoperative planning
- Inexperience
- Failure to recognize a mistake
- Neglect
- Fatigue
- Alcohol or drug use
One of the most apparent causes of a wrong procedure is when a surgeon conducts the incorrect operation such as removing the wrong organ, performing surgery on the incorrect ligament or joint, or even operating on the completely. When an injured patient is unsure how a surgical mistake occurred, a Kingston wrong procedure attorney could examine their case and explain any legal options.
What Are Some Common Complications After a Wrong Procedure?
An error in judgment by a surgical staff could cause permanent issues for the patient. Often, when patients undergo the wrong procedure, they may be subjected to unneeded corrective surgery, along with any postoperative complications which may accompany that additional surgery. Potential complications could include nerve damage, infection, revision surgery, organ damage, tissue damage, stroke, or heart attack.
Surgical Negligence in a Kingston Wrong Operation Cases
To establish a valid claim, victims and their wrong procedure lawyer in Kingston must prove the following elements.
- Standard of Care — A standard of care is the legal obligation a person or entity has to exert reasonable care to avoid a foreseeable injury. During surgery, a physician has a duty to perform in line with industry standards.
- Breach — When a physician fails to follow the accepted standard of care, they have acted negligently and breached their duty.
- The Breach Caused Injury — To establish a valid claim of negligence, the physician’s actions must have been the direct cause of the patient’s injury.
- The Patient’s Injuries Caused Damages — The injured party must suffer tangible financial damages to establish a valid malpractice lawsuit.
A Kingston lawyer could help obtain medical records, interview witnesses, and consult with industry experts. An attorney could aggressively advocate for an injured victim’s interests to hold a negligent medical provider accountable, whether by seeking a settlement or at trial.
Which Types of Compensation Are Available After a Wrong Surgery?
New York Civil Practice Law & Rules 214-A requires surgical error to file a lawsuit seeking compensation no later than two years and six months from the injury date. Victims may be entitled to compensation for medical bills, lost wages, future lost income, pain, and suffering. In cases of particularly egregious misconduct, the court may also award the plaintiff punitive damages to punish the defendant and deter future wrongdoing.
A Kingston Wrong Procedure Attorney Could Help File Your Claim
If you are experiencing the frustration, pain, and fear that accompanies surgical mistakes, you do not have to face this time alone. A Kingston wrong procedure lawyer could help protect your legal rights, construct a solid case, and fight for your interests.
If you have been the victim of a surgical mistake, reach out for the legal assistance you need. Call today to schedule your confidential case consultation.