(845) 802-0047When a physician conducts the wrong procedure on a patient, that patient often suffers tremendous injuries, incurring unnecessary complications. Not only could additional corrective surgery be necessary, but the victim may also be faced with exorbitant medical bills, lost income, and needless pain. A Newburgh wrong procedure lawyer could provide compassionate and dedicated counsel to help you identify the best path to compensation. A surgical error attorney could evaluate your case and fight to hold all liable parties accountable for your losses, getting you the relief you need.
Causes of Wrong Procedures in Newburgh
While mandatory safety procedures are in place to reduce the risk of surgical errors, the incidence of wrong operations being performed is all too frequent. Wrong procedures might occur due to a range of factors, including:
- Lack of communication between attending medical providers
- Poor pre-operative planning
- Medical staff working while intoxicated or fatigued
- Insufficient training
- Neglect
- Failure to follow established procedure
A wrong procedure attorney in Newburgh could launch an exhaustive investigation into the plaintiff’s claim to identify medical negligence and fight to prove that the surgical mistake and resulting damages are due to the medical staff’s errors.
Injuries Resulting from Wrong Procedures
Serious and even fatal injuries may result from a doctor performing the wrong procedure on a patient such as:
- Nerve damage
- Organ damage
- Brain damage
- Dire infections
- Pulmonary embolism or stroke
- Loss of sensations such as vision, smell, or taste
- Wrongful death
Often, patients subjected to the incorrect procedure require further surgery and potentially costly therapies. Sometimes, injuries lead to permanent physical and emotional difficulties. As such, it may be necessary for victims to retain a seasoned wrong procedure lawyer in Newburgh who could pursue the compensation a patient needs for such losses.
What is the Deadline to Start Pursuing a Newburgh Wrong Procedure Claim?
New York Civil Practice Law & Rules §214-A affords injured victims two years and six months from the date of the malpractice to seek legal remedy through the civil courts. If a wrong procedure victim does not file their lawsuit by the time the 30-month window closes, the court may refuse to hear their case at all, potentially barring any chance for compensation.
Are There Exceptions to the Statutory Deadline in Wrong Procedure Cases?
Sometimes, exceptions may apply to the two-and-a-half-year time limit. Under the state’s discovery rule, if a patient retains a foreign object after surgery, they are provided one year from the discovery of that object or should have reasonably discovered the object.
The statutory deadline may also be extended when the malpractice affects minors. Regarding cases with minors, the statutory deadline does not begin to run until the child turns 18, the suit cannot be filed more than 10 years after the malpractice date.
Consult with a Newburgh Wrong Procedure Attorney
A Newburgh wrong procedure lawyer could provide the representation needed to fight for the fair compensation. If you have suffered injuries from a wrong procedure, you may be entitled to the value of past and future lost income, medical expenses, pain, suffering, and other financial damages. Consult with a seasoned medical malpractice attorney to discuss what legal options may be available. Call now to schedule your case evaluation.