(845) 802-0047If you have suffered injuries because a physician performed the wrong procedure, you may have the right to pursue legal recovery through the civil court system. By speaking with an experienced Schenectady wrong procedure lawyer, you could learn if your case has merit and what compensation might be available.
A medical malpractice attorney could help explain the nuances of proving a wrong procedure lawsuit. A surgical malpractice lawyer could candidly assess your case and advise you of the most effective strategies to win your claim.
When Medical Negligence Leads to a Wrong Procedure
Wrong procedures are almost always avoidable and when a physician conducts the wrong operation on a patient, they may be liable if the patient sustains injuries. Some reasons wrong procedures consistently happen include:
- Medical professionals who are impaired by drugs or alcohol in the operating room
- Overly fatigued physicians and medical staff
- Poor pre-operation preparation
- Inept medical personnel
- Bad communication practices
However, not all medical errors constitute negligent action and serve as grounds for a lawsuit but when a medical provider’s care falls below the standard expected of professionals in the healthcare field, they may be found liable for the victim’s damages. A surgical errors attorney in Schenectady could review the circumstances of the wrong procedure to identify whether the mistake was a result of medical negligence.
What Are the Potential Complications of a Wrong Procedure in Schenectady?
Complications commonly linked to wrong procedures include retained surgical instruments or objects, additional surgeries, nerve damage, punctured organs, infections, and unnecessary incisions. When surgical mistakes are made, patients may experience severe pain, digestive distress, high fevers, and show signs of inflammation and redness around the surgical site.
Filing Rules for Wrong Procedure Lawsuits in Schenectady
New York Civil Practice Law & Rules § 214-A says that the deadline to file a wrong procedure lawsuit is two-and-a-half years from the injury date. However, there are certain exceptions to the 30-month statutory limit such as:
- If the alleged mistake happened while the patient was receiving continuous treatment, the statutory period does not begin until the course of treatment is finished.
- When minors are involved, a lawsuit must be filed within 10 years of the malpractice date, or within 30 months of the child’s 18th birthday, whichever happens first.
- If the plaintiff retains a foreign item post-surgery, the statutory deadline is either one year from the date the object is found or reasonably should have been detected by the victim.
A wrong procedure attorney in Schenectady could further explain the lawsuit limits applicable to a victim’s individual claim.
Is an Affidavit of Merit Necessary for a Wrong Procedure Claim?
When a Schenectady attorney files the victim’s medical malpractice lawsuit, they are also required to furnish an affidavit of merit according to N.Y. C.P.L.R. § 3012-A. This certificate confirms that the lawyer has either conferred with a medical expert who determined that a civil claim for damages is justified, or that the attorney was unable to get the opinion of a medical expert after endeavoring to do so on three distinct occasions. In certain cases, the court may grant the plaintiff an additional 90 days to file the affidavit if the statutory deadline would make filing the certificate an undue burden.
A Schenectady Wrong Procedure Attorney Could Assist with Your Case
Medical malpractice lawsuits can be particularly challenging to prove, and a wrong procedure case is no exception. A Schenectady wrong procedure lawyer could defend your interests and right to compensation from the outset of your claim. An attorney could fight to get you all the damages you are owed and the justice you deserve. Book your introductory consultation by calling today.