(845) 303-1000Residents and visitors to Troy have a lot of choices when it comes to picking a surgeon, with hundreds of surgeons of various specialties working in and near the city. Surgical teams often rely on surgical staplers to promote faster healing after certain procedures. Unfortunately, improper use or other errors during stapling can injure the patient, leading to financial and psychological impacts. If you or your loved one suffered injuries because of a medical error involving surgical stapling, there may be compensation available for you. A Troy surgical stapling injuries lawyer from The New York Injury & Malpractice Law Firm could help protect your rights as a patient and answer the legal questions you have about your case.
Contact our dedicated surgical errors attorney today for a free consultation.
When Surgical Stapling Injuries Result in a Medical Malpractice Claim
There are many types of medical errors, but not all support a medical malpractice claim. To pursue compensation, a patient must have suffered harm from an error caused by a health care provider’s deviation from the accepted standard of care. In cases involving surgical stapling injuries, this may include a surgeon using a stapler they knew or should have known was prone to jamming or misfiring. Injuries may also result from the use of an improperly sized staple or a failure to sterilize the stapler or wound, which can lead to infection. A surgical stapling injuries lawyer in Troy could evaluate whether these errors meet the legal standard for malpractice and discuss possible legal options.
The Medical Malpractice Claims Process
New York law does not require doctors to carry medical malpractice insurance, but most hospitals mandate that surgeons with admitting privileges maintain this type of professional liability coverage. Nurses and other hospital staff are typically covered under the facility’s policy. When a patient suffers harm from a medical error, they generally have two years and six months from the date of the negligent act or from when the injury was discovered to file a malpractice lawsuit, according to New York Civil Practice Law & Rules § 214-a.
Before filing a medical malpractice lawsuit, a Troy surgical stapling injury lawyer must consult a medical expert and submit a certificate of merit affirming that the claim has a reasonable basis. A claimant may pursue compensation for both financial and psychological impacts. Financial impacts can include medical expenses related to corrective treatment, lost income during recovery, diminished earning capacity, and costs associated with permanent disability. Psychological impacts may involve loss of enjoyment of life and physical pain and suffering.
Contact a Troy Surgical Stapling Injuries Lawyer Today for Help With Your Case
People tend to trust their surgeons. While this trust is often well-deserved, surgical teams may cause injuries if they act carelessly or lack proper training in using tools such as staples. Let a Troy surgical stapling injuries lawyer help you understand how to protect your rights as a patient and tell you more about the medical malpractice claims process. Contact us for a free case evaluation.