Upstate New York Medical Malpractice Attorneys: Surgical Errors and Malpractice
Although we tend to think of surgical malpractice as an actual error during an operation, surgical malpractice can occur long before (pre-operative malpractice), or after the patient leaves the hospital (post-operative malpractice). Surgical malpractice is a failure on the part of a surgeon to perform his or her duties in accordance with generally accepted medical standards of good practice.
If you suffered a worsening of your medical condition because of errors or inaction on the part of the surgical team, or a loved one died and you suspect surgical error was to blame, talk to a lawyer. There are time limits for bringing a medical malpractice claim. Don't wait to get the facts.
At the law offices of Powers & Santola, LLP, we have the experience and the resources to bring an effective surgical malpractice case on your behalf. We are one of New York's premier medical malpractice law firms. Our attorneys have secured millions of dollars in compensation for seriously injured people across upstate New York. We can help you.
Contact the medical malpractice lawyers at Powers & Santola, LLP. We offer a free initial consultation with an experienced attorney at our Albany and Syracuse offices.
Pre-Operative Malpractice
A complete pre-operative evaluation is essential for a surgeon to properly advise a patient about surgery. The surgeon must determine if the patient is fit enough for surgery and which type of surgery will be best for that specific patient, given their risk factors. Failing to conduct a thorough pre-surgery examination can be malpractice.
Except in emergency situations, a patient must give informed consent before surgery. In order for consent to be "informed," the patient needs to be given sufficient information to make an intelligent decision, such as:
- The nature of the proposed operation
- Why the doctor is recommending it
- Alternative forms of treatment
- Foreseeable risks and benefits of the procedure
Failing to give the patient sufficient information to make an informed decision can constitute surgical malpractice. However, if a patient wants to proceed with a lawsuit on these grounds, the patient must establish not only that he or she would not have agreed to the surgery if given enough information, but also that "a reasonably prudent person" with the same information would not have consented to it either. The patient must also prove that any risks the surgeon failed to disclose are not commonly known.
Malpractice During Surgery
Examples of surgical malpractice in the operating room include:
- Performing the wrong procedure or operating on the wrong part of the body
- Leaving an instrument, medical supply or device in the patient
- Failing to take proper precautions to protect nearby organs, nerves, blood vessels and tissues from unintended injury
Laparoscopy (surgery with a small incision) is a relatively new development and many doctors received their surgical training before laparoscopy techniques were available. A surgeon's experience may be very limited. If it can be shown that the surgeon lacked the necessary skill and caused injury, the doctor will be held liable.
While laparoscopic surgery has reduced risk for infection, in some cases an open surgical site allows for more reliable treatment. Using laparoscopy can give rise to a malpractice claim if things are missed in the surgery that would not have been missed with an open site surgery.
Post-Operative Malpractice
Infection at the surgical site is one of the most common types of post-surgical malpractice. Hospitals are reservoirs for staph infection, strep infection, methicillin-resistant staphylococcus aureus (MRSA) and clostridium difficile (c. diff.) infection. While post-surgical infection can occur through no fault of the surgical team, the surgical team is required to monitor the patient to detect the first signs of infection. Failing to diagnose and treat a post-surgical infection in a timely manner is malpractice.
Every surgery carries a risk of complications. Serious complications include bleeding problems, blood clots (pulmonary embolism), infections, pneumonia and stroke. Vital signs must be closely monitored to ensure that the patient recovers from anesthesia and the shock of undergoing surgery. Failing to monitor and treat the symptoms of complications can be malpractice.
The surgeon must also follow up with the patient after he or she leaves the hospital. Changes in the patient's condition may call for additional testing, therapies, immobilization of body parts, or modification in treatment plans. Failing to follow up with a patient after surgery can be surgical malpractice.
Malpractice by Other Medical Specialists Involved in Surgery
Most surgical procedures are performed by a surgical team: the anesthesiologist, first surgical assistant, scrub nurse, circulating nurse and operating room nurse. Each has a specific responsibility during the operation, and each can commit medical malpractice.
Contact Us
If you or a loved one suffered injury from surgery or complications after surgery, talk to an experienced malpractice lawyer. Contact Powers & Santola, LLP, online or call us toll-free at 866-689-9692. We have offices in Albany and Syracuse.
