Surgical Error – When is it Malpractice?

Surgical Error - When is it MalpracticeWhen doctors make a surgical error, it can cause serious injuries to their patient. If you have been injured by a surgical error it is important to know your rights, as well as the legal steps you can take to receive compensation for your injury.

Common Types of Surgical Errors

If you’ve been a victim of a surgical error, you may have a medical malpractice case on your hands—and one in which you need to act on as quickly as possible. Not all surgical errors qualify as medical malpractice, but many do. A trusted New York medical malpractice lawyer can answer any of your questions and determine quickly if you have a strong case against the doctor or surgeon who injured you.

Here are some common types of surgical errors, that may be malpractice:

  • Foreign objects left in the patient’s body, such as a sponge, towel or surgical instruments;
  • Failing to recognize injury and/or damage to internal organs or areas of the body that weren’t operated on;
  • Disregarding patient history and/or allergies;
  • Performing an unnecessary surgery;
  • Delaying surgery, which caused additional health complications.

How Can I Protect My Rights?

If you are considering filing a medical malpractice case for your surgical error, you must act quickly. Before filing a Medical Malpractice case in New York, the law requires that a medical expert review the records and provide an expert opinion that there was malpractice.

New York’s statute of limitations for medical malpractice requires that you file within 2 ½ years from the date of your alleged surgical error if you are suing a private hospital or doctor. Cases against City hospitals or employees must have a notice of claim filed within 90 days, and the complaint must be filed within 1 year and 90 days. If you were injured by a foreign object being left inside your body, and you discovered the object after the statute of limitations expired, you have one year from the date of discovery to file your complaint.

After the statute of limitations expires, you will be unable to file a lawsuit pertaining to your injury. Consulting with an experienced New York Malpractice Attorney is essential, and the sooner you file from the time of your injury, the better.

Hiring a medical malpractice attorney who is experienced in fighting doctors and hospitals is the best way to strengthen your case so you can get the compensation you deserve.

 

At Bonina & Bonina, our attorneys are experienced and skilled at fighting New York medical malpractice cases. We understand how devastating injuries can be, and take pride in forming compassionate relationships with our clients. With over 50 years of experience, we have won many multi-million dollar verdicts and settlements. Experience makes a difference, so contact us today at 1-888-MEDLAW1 (633-5291) or online and learn how we can fight for your rights as a victim of medical malpractice.

2017-12-19T14:59:49+00:00

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