Albany Medical Malpractice Lawyer Answers Who Could be Liable for Surgical Errors

Surgery is risky and it is scary for a patient.  This is especially true for a patient who has never undergone surgery before, or who needs emergency surgery.  Most healthcare providers know this and will work to reassure a troubled patient.  While most surgeries go well, some do not.  Sometimes they do not go well because of unavoidable complications or because they are simply very risky.  Other times surgeries do not go well because of New York medical malpractice caused by avoidable errors, reckless mistakes, and careless practice.  As an Albany medical malpractice lawyer, one of the most important and common questions I get asked is who could be liable for surgical errors after a medical catastrophe.

Generally, the surgeon is usually the first person who is liable.  While New York does not have a “captain of the ship” rule where a doctor is liable for everything that happens during a surgery, more likely than not the surgeon will have some knowledge of what happened.  Thus, while a doctor could obviously be liable for scalpel slip-ups or broken tools, the doctor could also be liable for low blood pressure which is managed by an anesthesiology team.  After all, the surgeon needs to be watching the blood pressure as well.

This leads to the fact that anesthesiologists are also likely to have some liability.  This is because they will manage a patient’s perfusion or blood pressure, liquid out (blood and urine) and liquid in (IV or transfusion).  They need to manage how a patient is responding to the medications and any complicated that arises.  Oxygen saturation is also important as they are responsible for breathing.

Nurses and support staff are also likely to be liable for surgical errors.  This goes beyond just the basic work like providing tools and assisting, but also post-anesthesia care, cleaning tools, and other surgical support.  Using the right medications and drugs, provide the proper doses, and cleaning wounds are also very important.

As an Albany medical malpractice lawyer, I know that a New York medical malpractice case involving g surgical error can be complicated.  But anyone who is even just slightly involved may have some liability that should be explored to ensure a patient’s rights are protected.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.