(845) 802-0047When a patient is receiving surgery, they reasonably expect to recover and be in better condition than beforehand. However, errors occur and sometimes there may be severe health issues after an operation due to a medical professional’s negligence, potentially requiring victims to contact an experienced surgical error lawyer. Some post-operative complications are well-known and explained to the patient prior to them undergoing a particular procedure or surgery but certain post-operative complications may be avoidable if it were not for a physician or other medical provider’s dereliction of their professional duty. A Schenectady post-operative complications lawyer could explain legal options and what financial recovery may be possible in your case.
Examples of Post-Operative Complications
Common examples of post-operative complications include:
- Infections
- Sepsis
- Pneumonia
- Organ damage
- Internal bleeding
- Keloids
- Split incisions
Whether a patient is harmed due to a medical provider’s error during surgery, not detecting an injury within a timely manner, failure to provide adequate information for consent, or any other avoidable mistake, victims of post-operative complications may endure long-lasting and even permanent disabilities. In extreme instances, post-operative complications may be fatal.
Time Limits to Pursue Legal Action
Every state provides fixed time limits in which malpractice victims are permitted to pursue legal action against a negligent medical provider, or otherwise forfeit their right to compensation. The deadline for medical malpractice cases is 30 months or two and a half years from the date the patient is harmed according to New York Civil Practice Law & Rules § 214-A.
However, the 30-month period may be postponed if the victim retains an object post-surgery and does not learn they are injured right away. When this happens, the law provides injured patients 12 months from the date the uncover their injury or reasonably should have known about the injury to begin their lawsuit.
Another exception applies when the victim is a minor child. New York law postpones the 30-month filing period until the minor child turns 18 years of age but regardless of the child’s age, the filing deadline cannot exceed ten years after the act of malpractice. A post-operative complications attorney in Schenectady could further explain the filing limits that could apply to a victim’s potential malpractice case.
Holding a Medical Provider Accountable for Negligence
In order to recover financial compensation, the law requires victims to prove that the medical provider was negligent. Victims must show that the medical provider owed them a legal duty of care, that the doctor breached that duty, that the victim was injured by that breach, and that the damages are compensable. If a physician did not uphold the standard of care which would have been given by a reasonably competent doctor in the same situation, they may be found negligent. If all four elements of negligence can be shown, the victim may have a valid claim for compensation and a Schenectady post-operative complications attorney could help the victim seek proportionate compensation.
How a Schenectady Post-Operative Complications Attorney Could Help with Your Case
If you think you are owed compensation for your injuries, the best thing to do is discuss your case with an experienced attorney. A Schenectady post-operative complications lawyer could assist you at each stage of your claim, including negotiating with the insurance company for the just compensation you deserve or advocating for your case at trial. To learn about your legal options, call the office today and set up your confidential case evaluation.