New York Surgical Error Attorney
Surgery Mistakes in Brooklyn & the Nearby Areas
Surgical errors are some of the most serious and potentially harmful of all medical mistakes. Unfortunately, they are also incredibly common. According to the National Center for Biotechnology Information (NCBI), approximately 4,000 surgical errors occur every year in the United States—but because many events go unreported, the actual number of surgical errors is likely much higher.
If you were seriously injured, or if someone you love died, due to a surgical mistake, you have the right to take legal action. Rubenstein & Rynecki can help you fight to hold the negligent medical provider accountable, whether it was a surgeon, attending nurse, or hospital. Our New York City surgical error attorneys have been representing injured individuals and the families of those wrongfully killed in Brooklyn and all of NYC since 1972. We have a long history of success in complex medical malpractice cases, including some of the state’s most significant settlements and verdicts. No matter how challenging your case may be, our attorneys are ready to fight for the best possible outcome.
On This Page:
- Common Surgical Errors
- How to Tell If Your Surgical Team Made an Error
- What to Do If a Surgeon Makes a Mistake
- Your Time to File a Surgical Error Lawsuit Is Limited
- Contact Rubenstein & Rynecki Today
Common Surgical Errors
Even routine surgeries are complex medical procedures that should be carried out by highly trained, experienced professionals. A minor mistake could have devastating results, from catastrophic injury to life-threatening complications. Inexperience, poor communication, and other forms of substandard medical treatment can lead to serious mistakes that may permanently alter the patient’s life.
Some of the most common surgical errors include:
- Failure to obtain informed consent
- Failure to operate
- Operating on the wrong patient
- Wrong-site surgery
- Leaving foreign objects in the body
- Poor wound care
- Loose stitches and/or staples
- Injury to internal organs/structures
- Improper or inadequate follow-up care
- Early discharge
Surgeons, hospitals, and other healthcare providers are responsible for ensuring that patients receive an acceptable level of care before, during, and after surgery. Failure to provide such care could constitute medical malpractice and may serve as grounds for a lawsuit.
How to Tell If Your Surgical Team Made an Error
Surgical errors are not always immediately obvious. Because surgery typically comes with an extended recovery period—even when everything goes well—it can be difficult to tell when pain, soreness, and other symptoms after surgery are routine and when they indicate that something has gone wrong. While some surgeons may be upfront about possible errors, you should never assume that your surgical team will disclose mistakes. In fact, your surgeon may not even realize that he or she made a mistake before, during, or after the procedure.
Some signs that you may have suffered a surgical error include:
- Severe, sharp pain near the location where surgery was conducted
- Fever, redness, swelling, and other signs of infection
- Abdominal pain
- Nausea and/or vomiting
- A burning sensation/pain during urination
- Worsening pain and other symptoms following surgery
- Pain, soreness, and other symptoms that do not go away
- Surgery wounds that do not heal
It is important that you ask your doctor about the potential side effects of your procedure, as well as the expected length of recovery following surgery. If you notice any unusual symptoms or signs of a surgical error, seek medical attention right away. Often, surgical mistakes—such as objects left behind in the body—can lead to life-threatening infections and other complications. Prompt diagnosis and treatment are essential when it comes to addressing these issues.
What to Do If a Surgeon Makes a Mistake
If you have been injured or have suffered worsened symptoms due to a surgical error, the first thing you should do is seek appropriate medical attention. Although it can be frightening to return to the hospital or see a doctor after receiving substandard medical care, a qualified and competent medical professional can accurately diagnose your injury and determine whether an error occurred. For your own safety and well-being, it is critical that you seek further medical attention if you suspect you may be suffering the consequences of a surgical mistake.
Once you have sought proper treatment, you should contact an experienced medical malpractice lawyer. If you believe your surgeon made a mistake, or if your loved one died due to a surgical error, an attorney can help you understand your legal rights and options.
In New York, you have the right to file a claim against the medical provider or hospital that failed to provide you with an acceptable level of care—but doing so can be incredibly difficult. Our New York City surgical error attorneys at Rubenstein & Rynecki can help you navigate this process and build a powerful case on your behalf. We have access to extensive resources, including medical experts and economists, who can assist us in evaluating the extent of your damages, liability in your case, and other important factors.
Your Time to File a Surgical Error Lawsuit Is Limited
In New York, you only have a certain amount of time to file a medical malpractice lawsuit, including claims involving surgical mistakes. The statute of limitations for most medical malpractice cases in New York is two and a half years (30 months). The time limit begins on the date the incident occurred or the date on which the injury was discovered or reasonably could have been discovered.
Under the state’s “discovery rule,” individuals who are harmed due to a left-behind object following surgery have one year from the date on which they discovered an object was left behind to file a lawsuit or one year from the date on which they learned facts that could reasonably lead to discovering that an object was left behind, whichever comes first. Additionally, the statute of limitations may be “tolled” (delayed) when the victim was a minor at the time the injury occurred. When this is the case, the deadline to file a surgical error lawsuit generally begins on the date the victim turns 18.
Contact Rubenstein & Rynecki Today
If you or someone you love suffered due to the negligence or misconduct of a trusted medical provider, you do not have to face the future alone. You deserve justice and fair compensation for your damages, including additional medical expenses associated with corrective surgeries and other necessary treatments, ongoing and future medical care costs, lost income and wages from time taken off work to receive treatment and/or recover, and pain and suffering. Our New York City surgical error attorneys can help you fight to maximize your recovery so that you can obtain the monetary resources you need to heal.
We treat our clients like family and follow an open-door policy; when you need us, we will always be available and accessible to you. We prioritize client communication and care, providing compassionate service and personalized legal strategies aimed at achieving your unique goals. From our office in Brooklyn, we provide legal services to clients throughout NYC and can assist you in English, Spanish, Russian, Romanian, Greek, or Creole.