New York Surgical Error Injury Lawyers
When an individual enters a hospital or a surgical facility, they expect the highest quality of care and the utmost of caution by doctors, nurses and other medical professionals. While most physicians and healthcare workers strive to meet these high standards, mistakes do happen. Unfortunately mistakes in a medical context can have extremely serious consequences potentially resulting in a serious injury or even death. Surgical errors can occur during nearly any medical procedure including:
- Delivery of a child
- Gastric bypass surgery
- Heart surgery
- Gastrointestinal surgery
- Plastic surgery or other cosmetic procedures
- Hernia surgery
- Vascular procedures
- Brain surgery
- Neurological procedures
At Sullivan & Galleshaw we have successfully represented many patients who have been injured or wrongfully killed due to a medical mistake during surgery. While our past results do not and cannot guarantee future outcome, when you work with us you can rest assured that you will be in experienced and dedicated hands.
What is Considered Medical Malpractice Under New York Law?
In brief, medical malpractice is defined as when medical care falls below the accepted standard of care. Standard of care is typically defined as the level and type of care that a reasonable health care professional with a similar background and similar resources would have provided under the circumstances. Let’s take a moment to unpack that definition a step further. While an articulable injury is certainly necessary to advance a viable medical malpractice case, not every injury or bad medical outcome constitutes medical malpractice.
Consider a scenario where an individual comes into the emergency room complaining of chest pain. Appropriate diagnostic tests are ordered by the doctor and they are performed. The doctor had initially believed the problem to be a blockage in the circulatory system, but the test results do not reveal any blockages. It turns out that the chest pain was the result of a severe anxiety condition. The individual is prescribed an anti-anxiety medication and counseling and is sent home.
Contrast that scenario to one where a patient enter the emergency room complaining of chest pain, but in this case the doctor does not perform any diagnostic tests. The doctor decides to operate despite the patient’s objections. During the procedure no blockages are found, but complications result in a MRSA infection that eventually results in the patient’s death.
Here, there are, most likely, at least two separate instances of medical malpractice. First, the doctor failed to secure the informed consent of the patient prior to performing an invasive procedure. Second, the standard of care was very likely breached as it is unreasonable for a doctor practicing in a modern hospital of medical facility to operate without first ordering diagnostic testing or imaging to confirm his or her differential diagnosis.
Is There a Time Limit on Filing My Claim for a Surgical Mistake?
Yes, in New York as in many other states, there is a statute of limitations that sets forth how long you have to file your claim for medical malpractice. The general rule in New York is that you must file your medical malpractice claim within two and one-half years. One exception, the continuous treatment exception permits the tolling of the time period from the visit that produced the alleged act or act of malpractice to the end of the treatment relationship. This rule allows a healthcare provider to correct its mistakes. Furthermore the discovery rule, most often invoked when a foreign object is left behind in the patient’s body, tolls the statute of limitations until the patient knows or should know of the foreign object that was left inside his or her body.
Let Us Fight for Compensation for You After a Surgical Error
The attorneys of Sullivan & Galleshaw are dedicated to fighting for individuals who have been injured or wrongfully killed due to medical errors and surgical mistakes. When you work with us, you can rest assured that you are working with an experienced and dedicated legal team. To schedule your free, confidential consultation, call 718-843-0300 or contact us online.