(845) 802-0047While physicians and other medical professionals have many years of education and training, they may still make errors while working just like anyone else. However, a physician or surgeon’s negligence or error may result in devastating consequences for victims and constitute medical malpractice. Call a Kingston wrong-site surgery lawyer today if you or a loved one received a surgical operation at the wrong site. An experienced surgical error attorney could provide you with legal guidance and help you pursue compensation for the losses you have suffered.
What is “Wrong Site Surgery”?
A wrong-site surgery is any surgery performed on the wrong part of the body. The consequences of a wrong-site surgery vary depending on the type of procedure and the individual patient. Often, victims of wrong-site surgeries must undergo other surgeries to correct issues that result from the incorrect procedure.
Furthermore, the consequences of a wrong-site surgery are not always immediately apparent. The two main categories of wrong-site surgeries are:
- Correct side but incorrect surgery site location, when there is more than one similar anatomical structure to select from
- Incorrect side, which would occur with paired anatomical structures such as ovaries, eyes, or kidneys
Causes of Wrong Site Surgeries
There are numerous healthcare provider process and system failures which may lead to a wrong-site surgery, such as:
- Failure to thoroughly assess the patient
- No surgical checklist
- Rushed procedures
- Failing to mark or mismarking the correct surgical site
- Staffing failures
- Excluding particular members of the surgical team from briefings
- Communication breakdowns between the members of the surgical team
- Failure to comply with procedures, whether by act or omission
- Operating while distracted
A wrong-site surgery is completely avoidable. This is why if a wrong-site surgery happens to a patient or their loved one, it is wise to call a Kingston lawyer and discuss pursuing a medical malpractice claim.
Deadline to File a Lawsuit
According to New York Civil Practice Law and Rules §214-A, a medical malpractice lawsuit must be commenced within 30 months, or two and a half years, of the date of the malpractice. In the event a medical provider’s error occurred during an ongoing course of treatment, the 30-month window would not start until the treatment was completed.
Certain exceptions may apply to the statutory deadline such as when the malpractice involves a minor where the statutory clock does not start until the child turns 18 or ten years have passed since the malpractice incident, whichever comes first. Consult a knowledgeable attorney for more information regarding the statutory deadlines applicable to a wrong-site surgery lawsuit.
What is the Liability for Wrong Site Surgery?
Liability for a wrong-site surgery may be divided amongst multiple parties including surgeons, specialists, nurses, and many other medical professionals. For a Kingston wrong-site surgery attorney to prove negligence in a plaintiff’s case, they must prove that the medical professional owed a duty of care to the patient, that they failed to act according to the standards of their field, and that the patient suffered as a result of their breach of duty. Because it is inherently difficult to prove negligence in medical malpractice cases, it is imperative to have a skilled Kingston attorney who is familiar with the law to find the appropriate legal theory to determine liability.
A Kingston Wrong Site Surgery Attorney Could Help
A seasoned Kingston wrong-site surgery lawyer could work hard to ensure you are fully compensated for everything you have suffered as the result of a wrong-site surgery. Waiting too long to retain qualified legal representation could prevent you from filing your claim and recovering the compensation you are due. Schedule a consultation and case review today to start pursuing the compensation you need and the justice you deserve.