(845) 802-0047Surgeons go through an extensive education and a lengthy training period before they can perform a surgery because of the incredible risk involved in surgery. Fortunately, a vast majority of surgical errors are preventable.
Surgical errors in Newburgh can be considered a type of medical malpractice. To establish a cause of action for medical malpractice the plaintiff must show that a breach, deviation or departure from accepted practice and an injury to the patient that is proximately caused by the medical professional’s deviation or departure from accepted practice
If you believe you were the victim of medical malpractice because of a surgical error it is important to meet and discuss your case with a Newburgh surgical error lawyer. A professional malpractice attorney can explain the complexities of a medical malpractice case premised on a surgical error and vigorously fight for your right to compensation.
Common Examples of Surgical Errors
According to the article “Current Issues in Patient Safety in Surgery: a Review” there are more than 200 million surgeries performed worldwide every year. Some of the most common surgical errors in Newburgh include:
- Wrong-site surgery
- Wrong-procedure surgery
- Wrong-patient surgery
- Leaving a surgical instrument inside the body
- Nerve damage
- Anesthesia errors
- Incisions that are not properly closed
Surprisingly, many surgical errors are caused by errors either before or after an operation rather than during a procedure. These errors include doctors failing to communicate, a delay in diagnosis, or a delay or failure to treat. Therefore, it is important to discuss a surgical error case with an experienced Newburgh surgical error lawyer.
Preventing Surgical Errors
Surgical errors are inevitable, however, it is important that doctors and surgeons make every effort to avoid these errors. This is why some hospitals and health systems have proposed and utilized multiple layers of checks to ensure surgical errors do not occur. This includes having other professionals such as nurses, nurses’ assistants, and other doctors check to ensure that preventable surgical errors such as wrong-site surgeries are avoided.
The Complexities of Surgical Error Litigation in Newburgh
Proving that a surgical error is medical malpractice generally requires the testimony of a medical expert. See Koehler v. Schwartz, 48 N.Y.2d 807, 424 N.Y.S.2d 119, 399 N.E.2d 1140 (1979). However, expert testimony is not required in cases where the facts and circumstances are such when the facts are within the common knowledge and experience of a regular person, such as if a surgeon left a sponge or forceps inside a person after surgery. See Fiore v. Galang, 64 N.Y.2d 999, 1001, 489 N.Y.S.2d 47, 48, 478 N.E.2d 188 (1985)
Surgical error lawsuits require an extensive and exhaustive review of a person’s medical history, treatment notes, and the accepted medical standards. Therefore, anyone considering a surgical error suit should consult a Newburgh surgical error lawyer.
How a Newburgh Surgical Error Attorney Can Help
There is always a degree of risk with any surgery, and surgeons and physicians should take every precaution to avoid making a surgical error. However, when surgeons fail to take these precautions, injuries can occur. If you or a loved one suffered a surgical error, contact an injury attorney today.
An experienced Newburgh surgical error lawyer could meet with you to discuss your case, the law, and your right to compensation for your injury. Call today to set up a free consultation to learn more.