(845) 802-0047Surgical operations are complicated, and so is the recovery process after them. However, some dangerous complications after an operation may have been avoidable except for the negligence of a healthcare professional. An experienced Newburgh post-operative complications lawyer could serve as an advocate on your behalf if you suffered injuries caused by a physician’s negligence. A dedicated surgical malpractice attorney could work to recover the compensation you may be owed for due to their breach of duty to you.
Factors and Forms of Post-Operative Complications
While a range of factors may contribute to post-operative complications, common causes include:
- Failure to properly observe the patient while in recovery
- Sending a patient home from the hospital too soon
- Taking insufficient precautions to secure patients on gurneys
- Not moving a patient to intensive care or another necessary medical facility
- Misdiagnosing or failing to diagnose potentially fatal complications
- Transferring a patient to the hospital room from the operating room without connecting them to monitors
Common post-operative complications include infections at the surgical site, wounds splitting open, serious fever, and internal bleeding. Some other reported injuries include stroke, heart attack, and kidney failure. When a medical provider’s post-operative negligence leads to adverse patient complications, a Newburgh lawyer may be able to help the victim recover financial damages for their injuries. If someone believes they have been the victim of an avoidable post-operative complication, they should speak with an attorney to get an independent expert medical opinion.
Financial Damages From Post-Op Negligence
For a post-operative complications victim to recover financial damages in a lawsuit, a Newburgh attorney must prove:
- The healthcare provider owed the victim a duty of care
- The healthcare provider violated their duty, whether by their action or failure to act
- The healthcare provider’s violation directly caused the victim’s losses
- The victim suffered actual injuries
A physician’s duty to their patients is measured against the level of skill and care a reasonably capable physician practicing in the same discipline would provide in a similar scenario. A Newburgh attorney would fight for numerous types of compensation for a malpractice victim, including medical expenses, lost wages, disfigurement, lost future income, pain, and suffering.
How Does Pure Comparative Negligence Factor Into Post-Operative Complications Cases?
In some cases, the court may find that the victim is partially to blame for their losses. When this happens, the injured party may still collect compensation, but their recovery could be reduced according to their percentage of negligence according to New York Civil Practice Law & Rules §1411. A seasoned personal injury lawyer could help plaintiff’s understand how much their claim may be worth and assign liability.
Newburgh Time Limits for Post-Operative Complication Lawsuits
New York establishes strict time parameters in which malpractice victims must either file a lawsuit with the civil courts or lose their right to financial recovery. Pursuant to N.Y. C.P.L.R. §214-A, the injured party has two and a half years from the date of the medical error to pursue a case. If the medical professional’s error occurred while the patient was receiving continuous treatment, the statute of limitations would not begin until the date treatment ends.
Are There Exceptions to the Filing Time Limits for Minors in Newburgh Post-Surgical Complication Cases?
A Newburgh post-operative complications attorney could explain the various exception which may apply to the victim’s case. When a minor is the injured victim, the two and half year period does not start until the child reaches the age of 18. With that said, a lawsuit may not be filed more than 10 years out from the alleged malpractice, regardless of how old the child was when injured.
The Discovery of Foreign Objects
Another rare exception involves the discovery of foreign objects. When someone retains a foreign object after an operation such as a surgical sponge, the individual has one year from finding the object, or when they reasonably should have found it, to pursue a claim for compensation.
A Newburgh Post-Operative Complications Attorney Could Help
A Newburgh post-operative complications lawyer could pursue justice on your behalf if you have endured injuries and other complications following a recent surgery. You could receive financial compensation for additional medical costs, lost wages, pain, suffering, and more. Schedule your case consultation now to discuss your potential claim with a local medical malpractice attorney.