There are many different conditions and diseases that can be helped or cured with surgical intervention. For everything from removing a cancer to helping a patient look their best, the medical field relies heavily on being able to perform surgeries. Unfortunately, there are some patients who find that surgery only compounds their medical issues instead of improving them.

If you are one of these patients, you likely know the physical, financial, and emotional turmoil that comes with becoming a victim of a surgical error. While you cannot change what has happened, you may be able to have some control over your future with a medical malpractice attorney’s help. If you fall victim to a surgeon’s mistake, consult with a knowledgeable Schenectady surgical error lawyer to start exploring your options for recovery.

Filing Deadline for a Schenectady Surgical Errors Case

New York State law gives surgical error victims a specified amount of time in which they can file their claim. Doing so helps to ensure that lawsuits are based on credible evidence and not poor recollections from many years ago. As explained in New York Civil Practice Law & Rules §214-a, plaintiffs in a surgical error case have a time limit of two years and six months from the date that the surgical error occurred to file their claim.

Discovery Rule

In some cases, a surgical error may not be discovered until months or years after it happened. In New York, the rule only applies to surgical errors involving a foreign object, such as a surgical sponge or instrument, being left inside of the patient. The discovery rule requires plaintiffs in such cases—or their Schenectady surgical error lawyer—to file within one year of discovering the error or of when reasonable discovery should have occurred.

Minor Children

When the surgical error involves a minor child, the statute of limitations is also different. The proverbial clock on the two-year-and-six-month limitation does not begin running until the minor’s 18th birthday. However, no more than ten years can elapse after the surgical error was committed or a foreign object was found in the minor, or that minor’s claim would still be time-barred.

Recoverable Damages in a Surgical Error Case

The purpose of a civil lawsuit following a surgical error is to help make the victim whole again through monetary compensation. In New York, there are no limitations or caps on how much a plaintiff can receive in a settlement or through a jury verdict. As such, plaintiffs should thoroughly discuss all their damages with a seasoned surgical error lawyer in Schenectady to be certain they are pursuing the compensation they are entitled to.

Compensation may be based on the following types of damages:

  • Past and future medical expenses
  • Lost wages
  • Pain and suffering
  • Mental anguish
  • Emotional trauma
  • Loss of companionship

Let a Schenectady Surgical Error Attorney Help

After learning you are a victim of a surgical error, you may have to deal with everyday life, extraneous tasks related to the error, the healing process, and associated physical pain all at once. This can be a lot for one person to handle alone.

A compassionate Schenectady surgical error lawyer may be able to step in during this overwhelming time and become the point of contact for insurance adjustors, medical bill collectors, and other parties involved in the fallout from this error. Your attorney may also be able to help you seek compensation for your injuries. Reach out today for legal assistance if you are the victim of a surgical error.