(845) 802-0047When a physician operates on the wrong part of the body, the results can be devastating to the patient. A Newburgh wrong site surgery lawyer could investigate your case if you have experienced a wrong site surgery and determine if you are eligible for compensation. Schedule your confidential consultation with a local surgical error attorney today.
How Wrong Site Surgeries Occur
Wrong site surgeries are almost always preventable and commonly occur due to the negligence of medical staff. Common reasons wrong site surgeries happen include:
- The individual’s medical records contain errors or are missing information
- Mistakes on the patient’s booking form
- Pertinent information is missing when the surgery is booked
- The surgical site is marked improperly
- Distractions during surgery or inadequate rest periods/overworked staff
- Inadequate training
Common Examples of Wrong Site Surgeries
While wrong site surgeries can take many forms, some of the most common examples include the removal the wrong limb, operating on the wrong organ, and operating on the wrong side of the body. Other common instances of wrong site surgeries include cancer surgery on a patient that does not have cancer and surgeries on the incorrect spinal disc. Any of these errors could do untold damage to a victim, affecting the rest of their life and often requiring further procedures to correct.
Compensation for Victims of a Wrong Site Surgery
An attorney in Newburgh could help wrong site surgery victims seek just compensation if they have suffered harm at the hands of a negligent medical provider. Many victims are able to secure deserved compensation for expenses such as:
- Medical bills
- Future lost earning potential
- Lost wages during recuperation
- Pain and suffering
- Rehabilitation expenses
- The cost of long-term continuing care
Is There a Time Limit For Filing a Wrong-Site Surgery Lawsuit?
New York Civil Practice Law & Rules §214-A establishes a 30-month time limit to file a wrong site surgery lawsuit. It is important that an experienced Newburgh wrong site surgery attorney is engaged before the statutory deadline. A failure to prepare and file a claim before the period expires could mean a victim is unable to get compensation at all.
When a patient is under a doctor’s ongoing care at the time of the injury, the two and a half year window does not commence until treatment ceased. Additionally, if the alleged malpractice involves a minor child, the statutory clock does not start running until the victim turns 18. However, the filing deadline may not exceed the malpractice date by more than 10 years. The sooner an experienced malpractice attorney can start working on the complaint, the more chance they have to prepare a strong case.
What is a Mandated Certificate of Merit for a Surgery Malpractice Claim in Newburgh?
Under N.Y. C.P.L.R. §3012-A, a Newburgh attorney representing a wrong-site surgery victim must file a certificate of merit at the same time they file the lawsuit. If the statutory deadline is imminent, the certificate must be filed no later than 90 days after the lawsuit.
A certificate of merit is a written confirmation that the plaintiff’s attorney has conferred with at least one licensed physician in the same field of medicine who concluded that there is basis to proceed with a medical negligence lawsuit. If the attorney attempts to consult with three different doctors and is unable to arrange a meeting each time, the certificate must state such.
Reach Out to a Newburgh Wrong-Site Surgery Attorney for Assistance
If your wrong site surgery was caused by medical negligence, a Newburgh wrong site surgery lawyer could fight tirelessly to recover the compensation you need and deserve. Contact a medical negligence attorney today to discuss potential financial recovery and determine the best next steps for your case.