New York Surgical Error Attorneys
If you understand the pain and frustration of this experience, the attorneys at Oshman & Mirisola offer our deepest apologies.
We have seen firsthand how difficult and challenging this time can be, as we have come alongside many like yourself over the years. Know that you are not to blame for what has happened.
Putting your trust into the hands of a doctor or nurse only to be neglected in this way is no fault of your own.
According to Jama Surgery, an item (such as a sponge or instrument) is left inside the patient’s body in 1 out of every 10,000 medical procedures. You are not alone in your experience. We are here to ensure you get the comfort and assistance you need to move on with your life.
Our firm has decades of combined experience helping hundreds of other victims of surgery errors, and we can help you, too! From collecting medical records to organizing expert testimonies, we will do everything in our power to make the process as convenient as possible, allowing you to focus on yourself and your healing. We want to help.
If you are ready to speak to a professional regarding your experience, you can contact the attorneys at Oshman & Mirisola today by calling (800) 400-8182 for a no-cost, no-obligation consultation. You’ve been through enough; we will take it from here.
Types of Surgery Errors
Known as “never events,” there are types of serious medical errors that are not only preventable, but that should never take place. Unfortunately, despite strict safety procedures, these tragic situations continue to happen in hospitals throughout the State of New York, as well as nationwide.
Wrong-site, wrong-procedure, wrong-patient are the most common type of surgical errors. The Joint Commission reports that approximately 40-60 wrong-site surgeries occur in the U.S. each week.
There are three main types of surgery errors:
A wrong-site surgery error refers to a doctor performing surgery on the wrong “site” or side of a patient’s body. For example, a patient may go into surgery to have his left foot operated on, but instead, the right foot is opened. The Joint Commission revealed that approximately 40 to 60 wrong-site surgeries occur in the United States each week.
A wrong procedure surgery error refers to a doctor performing the wrong surgical procedure on a patient. For example, a patient may go into surgery to have their gallbladder removed, but, instead, another organ is operated on, or removed from the body.
A wrong patient surgery error refers to a doctor performing a surgical procedure on the wrong patient. For example, two different patients could be at the hospital at the same time: one needs a transplant, and the other needing an amputation. The error occurs when the doctor mixes the two patients up, and each one receives the wrong surgery. Though rare, and accredited to hospital chaos, the issue does still exist.
When a medical mistake is made, a patient’s life can become endangered or negatively affected. Other types of surgical errors that have been known to be particularly harmful and common include leaving an operating instrument inside a patient’s body after surgery or giving substandard post-surgical care, resulting in an infection.
Another example of a surgery error is when an unnecessary surgery is performed. A 2011 study in the Journal of the American Medical Association revealed that nearly one-quarter of the 100,000 patients who had surgery to place a pacemaker-like device did not actually need the device.
Flaws in Procedure That Contribute To Surgery Error
These surgery errors are often attributed to four major flaws in hospital procedure:
- Failure to properly document surgical bookings
- Inadequate patient verification during the pre-op process
- Distractions and rushing in the operating room
- Disengaged an un-empowered staff
It does not matter why the error occurred; the fact remains that it shouldn’t have. Your doctor has a responsibility to take care of you and deliver only the best medical care possible. If a medical professional fails to administer that care, they should be held responsible.
Hospital negligence is unacceptable. If you or someone you know has suffered due to a medical professional’s carelessness, the attorneys at Oshman & Mirisola want to hear from you. This can be a painful and stressful experience, and we want to work with you through this difficult time in your life.
Common Surgery Errors in New York
According to CNN, the American Academy of Orthopedic Surgeons is doing its part to try and prevent surgery errors from taking place. Specifically, “Sign Your Site” has been developed and launched, which encourages all surgeons to initial the surgical site before operating. With a similar goal in mind, the Joint Commission has developed a protocol that asks surgical teams to pause before beginning the operation and verify both the patient and site are correct.
Unfortunately, mistakes still happen.
In the State of New York, some of the most common surgical errors include:
- Anesthesia Errors
- Surgical Tools Left in Patient
- Organ Punctures
Surgeries that have been known to be plagued by mistakes include:
- Abdominal and Gastrointestinal Tract Surgeries
- Colonoscopies and Endoscopies
- Laparoscopic Surgeries
- Cardiac and Thoracic Surgeries
- Lasik/Eye Surgeries
- Cosmetic Surgeries
A surgical error claim is often complicated since a statute of limitations applies, which means there is a time frame for how long you have to pursue legal action. These types of cases can also be expensive, as witness statements and expert testimonies are typically necessary to help prove you have been affected by surgery errors.
It may be difficult to trust someone again, but working with a professional who has knowledge and experience with situations like yours can be beneficial. As advocates of surgery error victims, we want to help you in your time of need to cope with the aftermath of a terrible medical mistake that should have never happened.
Surgery Error Settlements
Our firm has a proven track record of successfully representing many medical malpractice victims in the State of New York. Some of our past case results include:
- $850,000 – To a client who acquired severe brachial palsy during a nine-hour surgical procedure in which the medical staff failed to readjust the patient’s arm as required
- $1,600,000 – To a client who developed vascular necrosis due to a hospital staff’s failure to detect bullet fragments, despite x-ray evidence
- $3,900,000 – To a client receiving chemotherapy who was severely burned by an excessive dosage of radiation
The attorneys at Oshman & Mirisola understand the shock and trauma that surgery errors can have on you and your family. We believe it is unfair and unjust when professionals who are meant to help you jeopardize your health and life instead.
Contact a New York Medical Malpractice Lawyer
The attorneys at Oshman & Mirisola want to help you get past this difficult time in your life. Though a monetary settlement cannot undo the painful experience caused by a surgery error, it can help with medical bills, treatment or missed wages.