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Knowing When To Sue For Injuries

No matter how large or small the surgery, all involve risk. Patients should understand that surgical errors can occur even when the performing surgeon is the best in their field. Prior to surgery, patients often sign a consent form indicating they are aware of the associated risk of the surgical procedure. If you are a victim of a surgical error and are considering a lawsuit, here are few tips to keep in mind.

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Not all surgical errors constitute medical malpractice

For a surgical error to be considered malpractice, the surgeon performing the procedure must fail to follow the appropriate standard of care, and the failure must be the actual cause of the harm. Errors include mistakes that could have been prevented had the surgeon followed the standard of care.

Common surgical errors include:

  • Cutting a nerve

  • The wrong amount of anesthesia error

  • Cutting the wrong location

  • Operating on the wrong body part

  • Leaving a sponge or instrument inside the body

  • Unsterilized equipment

  • Wrongful death

RELATED: How to Claim Your Rightful Compensation from a Personal Injury Case in New York

What Causes Surgical Errors?

Sometimes it is unclear why a surgical error has occurred however, in most cases, faulty communication is at issue. The doctor may not have communicated the correct dosage of medication, or the wrong location of the body may be noted prior to surgery. In addition, the surgeon may be fatigued or they may have taken shortcuts during the procedure.

When To Sue

If you’re suffering from surgical injury because your doctor failed to meet an acceptable level of professionalism, then it’s time to hire an attorney and prepare a lawsuit. An experienced attorney will focus on proving the doctor’s negligence. As in all medical malpractice cases, you will need an opinion from a medical expert that the surgeon’s care fell below the accepted standard of care. Hiring a qualified lawyer for surgical error claims is a necessary step to navigating the rules of medical malpractice. The right lawyer will ensure you’re justly compensated for your doctor’s surgical error.

Also Check Out: 5 Elements of New York Medical Malpractice Negligence

We hope this article was informative. If you or a loved were recently injured and are seeking compensation and representation contact Gregory Spektor & Associates.   Our law firm has a proven track record of successfully handling  accident settlements, personal injury cases, wrongful death lawsuits, premise liability claims and litigation cases.  To schedule a free consultation contact our legal team at 1(718) 528-5272 or email us at

Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422