Undergoing surgery is a serious event, especially if a patient suffers due to a preventable medical error that led to a surgical complication. If you have experienced a decline in well-being or have been injured due to medical negligence during surgery, you may be eligible to seek compensation for the losses you have endured through a medical malpractice claim.
If a surgeon failed to uphold the standard of care that another surgeon of the same specialty would have provided under the same circumstances, speak with the experienced New York medical malpractice lawyers at the Law Office of Cohen & Jaffe for an assessment of your claim. We have earned an aggressive reputation for effective representation and compassionate, personalized advocacy every step of the way.
When Can You Sue for Surgical Complications in New York?
In a New York medical malpractice claim, you must demonstrate that a medical professional made a preventable error through negligence that caused the patient harm or injury. Not every negative medical outcome is grounds to pursue a medical malpractice lawsuit. The harm must have been directly caused by a surgeon’s failure to uphold the medical standard that would have been demonstrated by a different surgeon of the same specialty and circumstance.
To establish that a medical professional failed to uphold the standard duty of care, you must prove negligence caused your injuries. The following are elements of negligence that must be demonstrated in your case:
An Established Standard of Care
An established standard of care exists between a doctor and a patient. It refers to the legal obligation to take prudent care to avoid causing injury or harm. When performing surgery, a surgeon must act according to the set standards of the medical community. For instance, you must receive the same level of care from your surgeon as another surgeon with the same specialty.
A Surgeon Breached Standard Duty of Care
When a surgeon breaches the standard duty of care, they may be liable for medical negligence. Over 4,000 surgical errors occur annually in the United States, with operating on the wrong body part being the most prevalent medical error that occurs. Other surgical complications that may occur include leaving a foreign object inside the patient, operating on the incorrect patient, or performing the incorrect surgery on the patient.
Surgeon’s Breach of Duty Directly Caused Injury
For a successful New York medical malpractice claim, you must prove that the surgeon’s breach of duty directly caused your injuries or surgical complications. This may be proven with field expert testimony that shows what the standard duty of care is for your circumstance and how your surgeon acted negligently.
You Suffered Damages as a Result
Finally, you must demonstrate that you suffered significant economic or non-economic losses due to a medical professional’s negligence.
Damages You May Be Awarded in a New York Surgical Complications Case
In a successful medical malpractice claim, you may be eligible to recover losses you have suffered as a result of the surgeon’s negligence. Surgical complications may result in costly medical treatments or longer hospital stays.
At the Law Office of Cohen & Jaffe, we fight for the maximum compensation you deserve. We obtain evidence through comprehensive investigation and build a solid claim in order to prove the significant losses you have suffered.
The following are examples of damages you may be awarded in a successful surgical complications case in New York:
- Medical expenses
- Lost wages
- Loss of future income
- Hospital expenses
- Medication management
- Scarring or disfigurement
- Pain and suffering
- Psychological treatment
New York Civil Statute section 214-A states that in order to obtain justice for medical malpractice due to surgical negligence, you must file within two and a half years from the day you were injured by a medical professional.
At Cohen & Jaffe, we are well-versed in medical malpractice cases caused by surgical negligence and will fight for the maximum, fair compensation you deserve by handling all essential aspects of your case while you focus on recovery.
Speak With the Experienced New York Medical Malpractice Lawyers at Cohen & Jaffe
If you have suffered due to surgical complications caused by medical negligence, speak with the experienced medical malpractice lawyers at the Law Office of Cohen & Jaffe for an assessment of your claim. We are skilled in uncovering negligence in surgical complications cases by conducting an aggressive investigation into the event, obtaining valuable evidence, and building a solid case to recover the fair compensation you deserve for the suffering you have endured.
Schedule a no-cost consultation today with a skilled medical malpractice lawyer by calling (866) 924-1787 or filling out our contact form. For more information from the experienced legal team at Cohen & Jaffe, visit our YouTube channel.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.