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New York Surgical Error Lawyer

Surgical Errors Lawsuits in New York

At Jeffrey Weiskopf, P.C., we have spent years helping individuals and families impacted by surgical errors find justice and compensation. Surgical errors are among the most preventable forms of medical malpractice, yet they can have devastating effects on patients and their loved ones. Whether you or a family member has suffered due to a mistake in surgery, improper preoperative planning, anesthesia issues, or an error made during recovery, we understand the toll that these incidents take, and we are committed to holding negligent parties accountable. Our firm offers a free consultation to discuss your potential case, help you understand your options, and provide the support you need during this challenging time.

Understanding Surgical Errors and Medical Malpractice in New York

Surgical errors are preventable mistakes that occur during surgery or other medical procedures. While every surgery carries some level of risk, surgical errors go beyond acceptable risks and are usually caused by negligence, lack of preparation, or inexperience. In New York, these errors can occur for various reasons, including communication failures, incorrect dosages of anesthesia, and lack of proper sterilization techniques, all of which can lead to severe harm or even wrongful death.

Some of the most common surgical errors include anesthesia errors, which can result in severe brain injury or even death, and wrong-site or wrong-patient surgeries, where a procedure is performed on the wrong body part or patient due to avoidable mistakes. Retained surgical instruments or objects left inside a patient’s body can lead to infections and other complications if not immediately discovered and treated. Surgeons may also make incision errors, improperly handle surgical instruments, or fail to follow proper protocols, which increases the chances of complications and severe injuries.

The impact of a surgical error can be life-altering. In addition to physical harm, victims may experience emotional trauma, significant financial strain due to ongoing medical expenses, and lost wages if they are unable to return to work. These consequences make it crucial for victims and their families to take action to hold the responsible parties accountable and pursue compensation to aid in recovery.

Burden of Proof in Surgical Error Cases

To win a surgical error lawsuit in New York, the injured party, or plaintiff, bears the burden of proving that the healthcare provider’s negligence caused the harm. This burden of proof involves demonstrating several key elements: duty of care, breach of that duty, causation, and damages.

The first key element to prove is to establish that a doctor-patient relationship exists. This means the healthcare provider was responsible for performing the procedure in a way that met New York’s standard of care.

The next element, breach of duty, requires us to prove that the healthcare provider failed to meet the standard of care expected of a competent professional in their field. For instance, if a surgeon performs an operation without following proper procedures or fails to communicate effectively with the medical team, they may be found to have breached their duty of care. Causation is then established by showing that this breach directly led to the injury. 

Lastly, the plaintiff’s attorney must prove the extent of the damages caused by the error, whether physical, emotional, or financial.

Types of Injuries Caused by Surgical Errors

Surgical errors cause a range of injuries, from minor complications to life-threatening conditions. Common surgical error-related injuries include nerve damage, infections, internal bleeding, and organ damage. These can lead to chronic pain, loss of function, or even permanent disability. For example, nerve damage may happen when a surgeon accidentally cuts or compresses a nerve, resulting in long-term or permanent loss of sensation or movement.

Infections are another serious outcome of surgical errors, especially when surgical tools are left in the body or sterilization protocols aren’t followed. These infections can quickly worsen, leading to sepsis or widespread infections if untreated. Anesthesia errors can be equally severe, sometimes causing brain damage or even death due to oxygen deprivation or overdose. Each injury can have lasting effects and may require extensive medical care, physical therapy, or lifelong support.

Victims of these injuries often face not only physical pain but also emotional trauma and financial hardship as they cope with the aftermath of a surgical error. Ongoing medical expenses, lost income due to an inability to work, and the emotional toll on both the victim and their family make it essential to pursue compensation for these damages.

The Surgical Error Lawsuit Process in New York

 

When you contact Jeffrey Weiskopf, P.C. for your free consultation, we begin with a thorough review of your case to determine the best course of action. During this initial meeting, we will discuss the specifics of your situation, review any medical records you provide, and answer your questions about the legal process. If we determine that you have a viable claim, we will begin a full investigation to gather the necessary evidence.

The investigation process often involves carefully reviewing medical records, obtaining witness statements, and consulting with medical experts who can shed light on how the surgical error occurred and its effects on your health. With a comprehensive understanding of the case, we then proceed with filing a lawsuit in New York State or Federal Court, which formally starts the legal process and sets us on the path to seeking fair compensation.

Several pre-trial procedures take place before reaching the trial stage. During discovery, both sides exchange information and evidence to build their cases. This stage includes depositions, where we question witnesses under oath to gather essential details. Throughout this process, we remain open to settlement discussions if a fair offer is made. However, we are fully prepared to bring your case to trial if needed, advocating on your behalf every step of the way.

Statute of Limitations for Surgical Error, Personal Injury, and Wrongful Death Claims

In New York, the statute of limitations for filing a surgical error claim is generally two and a half years (30 months) from the date of the procedure. This deadline is critical; if the claim is not filed within this time frame, you may lose the right to seek compensation. For wrongful death claims, the statute of limitations is typically two years from the date of death. Understanding and adhering to these time limits is essential to ensure that your legal rights are preserved.

There are exceptions in some cases, such as those involving minors or individuals who were incapacitated at the time of the surgical error. Our team can help you determine the specific time limits that apply to your case and ensure that all deadlines are met.

Types of Compensation That May Be Available in Your Surgical Error Case

Victims of surgical errors often endure a wide range of hardships, from physical injuries and emotional trauma to ongoing medical bills and lost income. In New York, those affected by surgical errors may be entitled to pursue various types of compensation to address these financial, physical, and emotional burdens. At Jeffrey Weiskopf, P.C., we understand how crucial compensation can be in helping you rebuild your life and recover as fully as possible.

 

Economic Damages 

 

Economic damages are designed to cover the tangible financial losses resulting from a surgical error. These damages may include:

  • Medical Expenses: Compensation for the costs of any medical treatment related to the surgical error, including hospital stays, surgeries, medications, rehabilitation, and ongoing care.
  • Future Medical Costs: If the injury requires long-term or even lifelong medical care, we will seek compensation to cover these anticipated expenses, which could involve physical therapy, medical equipment, or home care assistance.
  • Lost Wages and Lost Earning Capacity: Many individuals affected by surgical errors are unable to return to work for an extended period or, in some cases, may never be able to work in the same capacity. Economic damages can compensate for lost income during recovery and any decrease in earning potential resulting from the injury.

Non-Economic Damages

Non-economic damages address the intangible and often overwhelming impact of a surgical error. These damages are not tied to a specific dollar amount but are essential for recognizing the emotional and psychological effects of an injury.

  • Pain and Suffering: This encompasses physical pain and emotional suffering resulting from the injury, the medical treatments required, and the impact on your quality of life.
  • Loss of Enjoyment of Life: When a surgical error significantly limits your ability to participate in activities you once enjoyed or impacts your overall well-being, you may be entitled to compensation for this loss.
  • Emotional Distress and Mental Anguish: Surgical errors can lead to anxiety, depression, and other psychological challenges. Non-economic damages can help recognize the emotional toll these injuries have taken.

In cases where the healthcare provider’s actions were particularly reckless or grossly negligent, Punitive Damages may also be pursued. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the responsible party and deter similar misconduct in the future. Pursuing punitive damages can be especially impactful in cases where the error was due to factors such as impaired performance, gross negligence, or repeated disregard for established safety protocols.

Every case is unique, and the types of damages you may seek depend on the injury’s severity, the circumstances of the error, and the impact on your life. Our team will collaborate with you to identify the full range of damages you may be entitled to, making sure we pursue compensation that truly addresses your suffering and financial losses.

Why Retain Jeffrey Weiskopf, P.C.

At Jeffrey Weiskopf, P.C., we believe that every person who suffers from a surgical error deserves a strong advocate by their side. Surgical error cases are complex and require a dedicated approach to navigate the legal and medical issues involved. Attorney Jeffrey Weiskopf has years of experience representing clients in surgical error cases, and we bring a determined commitment to achieving justice and compensation for those we represent.

Our approach begins with a client-centered focus, ensuring that you feel informed, supported, and empowered throughout the legal process. From the first consultation to the final resolution, we work closely with you to address your concerns, answer your questions, and provide you with clear, straightforward information about your options. Jeffrey Weiskopf’s skill as a trial lawyer and litigator has allowed him to recover substantial compensation for his clients through court trials, negotiations, mediation, and alternative dispute resolution. Whether through a negotiated settlement or a jury verdict, our goal is always to achieve the best possible outcome for you.

Our firm’s dedication goes beyond simply handling your case; we take the time to truly understand your situation and the impact the surgical error has had on your life. This commitment allows us to craft a legal strategy that is tailored to your unique needs and circumstances. We also offer a free consultation and case evaluation, giving you the opportunity to discuss your case without financial pressure and explore how we may be able to assist you in your journey toward justice.

When you choose Jeffrey Weiskopf, P.C., you can rest assured that you have a compassionate and dedicated team by your side, advocating for your rights and tirelessly working to hold negligent parties accountable. Let us put our experience to work for you and help you pursue the justice and compensation you deserve.

Call Our New York Surgical Errors Lawyer For Your Free Consultation 

If you or a loved one has suffered due to a surgical error, call our firm as soon as possible. Surgical errors can have devastating and long-lasting effects, impacting every aspect of your life and creating significant financial, emotional, and physical challenges. At Jeffrey Weiskopf, P.C., we are here to help you pursue justice and secure the compensation you need to move forward.

Be sure to seek the legal support and guidance you deserve. Contact us today at 914-350-5175 to schedule your free consultation and discuss your case with our compassionate and experienced team. You can also visit our office at 30 State St, Suite 2B, Ossining, NY 10562. 

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