While it may seem incomprehensible, wrong-site surgeries can and do happen. Whether due to inadequate pre-operation procedures or negligent protocols in the operating room, injured patients should not have to pay for their damages due to wrong-site surgery. If you or a loved one was the victim of an operation performed on the incorrect location on the body, a Schenectady wrong-site surgery lawyer could provide the representation necessary to pursue a just civil remedy on your behalf. Speaking with a surgical malpractice attorney could help discern whether you have a strong case and how much compensation you may be owed.

When to Start a Lawsuit in Schenectady For a Wrong Site Surgical Injury

New York Civil Practice Law and Rules § 214-A outlines that any lawsuit alleging medical malpractice is subject to a general 30-month statutory deadline meaning that if the plaintiff fails to start a lawsuit within two years and six months of the malpractice date, they may be unable to collect compensation.

However, New York law provides a few exceptions to delay the statutory deadline. If the plaintiff was receiving ongoing medical care from the physician who allegedly committed the malpractice, the deadline would be 30 months from the date the doctor last treated the plaintiff. When a medical provider leaves a surgical instrument in the patient during a procedure, the patient has one year from the time they find the object or should have reasonably learned of the foreign object to start a civil claim.

Proving a Wrong Site Malpractice Case in Schenectady

In the state of New York, most medical malpractice cases must be proven under the doctrine of negligence. Therefore, a plaintiff must establish four major points of negligence.

Duty of Care

Plaintiffs must establish that there was a doctor-patient relationship before the malpractice occurred and that the doctor owed the patient a duty of care. Doctors are bound by professional and legal duty to exercise a degree of competency in line with industry standards and best practices when treating their patients.

Violation of That Duty

Next, the plaintiff must show that the doctor violated that duty of care. In the context of a malpractice lawsuit, the actions of the doctor who allegedly committed the medical error could be compared to the standard of care that a prudent physician would follow and if they fail in this duty, they may be liable for the harm.


Once it is proven that the doctor owed the patient a duty and violated that duty, a direct correlation must be drawn between the plaintiff’s injuries and the doctor’s error.

Financial or Physical Damages

Finally, the plaintiff must have sustained actual financial or physical damages to recover in a medical malpractice lawsuit. Victims may endure various compensable losses including medical bills, lost earnings, scarring, disfigurement, loss of life enjoyment, pain, and suffering. A Schenectady wrong-site surgery attorney could ensure the full measure of the plaintiff’s damages were documented in their claim for compensation.

Discuss Your Claim with a Wrong Site Operation Attorney in Schenectady

If you have been injured during a wrong-site surgery, the next step is speaking with a seasoned attorney to protect your rights. You might be owed compensatory damages for your injuries and a Schenectady wrong-site surgery lawyer could offer guidance on how to best proceed with your claim. To discuss your case and what legal recourse may be possible, schedule your confidential consultation today.