Patients who undergo surgery or other types of procedures and worsen in condition do not have to accept this result as a complication. If the surgeon or operating room staff made a preventable error, a patient could sue for compensation for their injuries.

A Bronx surgical error lawyer at Silberstein, Awad & Miklos, P.C. could help you recover compensation for the pain, additional medical expenses, and other losses you suffered at the hands of the professionals you believed you could trust. We have over 25 years of experience fighting for victims of medical malpractice and have recovered over $1 billion dollars on their behalf.

We combine a tough work ethic with compassion to see a case from the start to the finish. When the defendants raise doubt about the validity of a claimant’s case, we bring forward our team of medical experts to present and authenticate evidence. Even when you have been financially exhausted by the time you seek legal help, we have the financial power to work off only a contingency fee.

If you suffered injuries while in the operating room, we highly advise you to seek the legal representation of a skilled medical malpractice attorney.

Types of Surgical Errors

A doctor, nurse, or any other operating room staff can make a surgical error. These may include:

  • Operating on the wrong organ
  • Leaving a foreign object like a sponge inside the body
  • Injecting too much or too little anesthesia
  • Puncturing organs
  • Not using properly sterilized tools resulting in post-surgery infections
  • Not having the proper equipment on hand, causing excessive bleeding or invasion

Oftentimes, these errors are preventable. They are caused by fatal lapses in judgment and are the third leading cause of death in the United States. They may occur because of a variety of reasons, including:

  • Poor communication between administrative staff and medical staff
  • Fatigue from poor staff scheduling
  • Taking shortcuts during surgery
  • A lack of proper equipment
  • A lack of medical training
  • Operating under the influence
  • Failure to properly prepare for surgery

Calculating Damages in a Surgical Error Case

Since there are many variables in surgical error cases, it is often difficult to predict what each individual case is worth. Generally, cases with more severe or permanent injuries are worth more. Consulting with a surgical error attorney in the Bronx could help potential plaintiffs determine if they have a valid case and if so, what it might be worth.

To determine how much a plaintiff should receive in a case, the two parties or a jury considers both economic and non-economic damages. Economic damages are financial in nature and are usually easy to prove. Medical expenses can be shown with copies of medical bills and lost income from time off work can be shown with past pay stubs.

Non-economic damages are often more challenging to prove and to calculate compensation for. These types of damages are subjective and may include:

  • Physical pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Mental anguish

If the case settles prior to going to trial, the parties will take these damages into consideration during settlement negotiations. If the case goes to trial, the presiding judge or jury will determine what damages a plaintiff can claim and how much they should receive for them. Unlike other states, New York plaintiffs are not subject to a cap on the amount of compensation they may receive.

Surgical Error Statute of Limitations

The statute of limitations is a set amount of time that surgical error victims have to file their claim. As detailed in New York Civil Practice Law and Rules § 214-a, the statute of limitations is two years and six months from the date of the error. This strict deadline is in place to increase the validity of court cases by ensuring they are based on relatively recent evidence and testimony.

Exceptions to the Statute of Limitations

The state allows two exceptions to the statute of limitations. The first applies only to patients who may have had an object left inside of them during surgery. These patients have one year from the date they discover the presence of the object or should have reasonably discovered the object to file their claim.

The other exception involves minors. Children under 18 may have their statute of limitations begin on their 18th birthday, as long as a total of ten years has not elapsed since the surgical error occurred.

Filing deadlines for each case can be confusing, so consulting with a well-versed surgical error lawyer in the Bronx may help a plaintiff file their case in time.

Speak with a Bronx Surgical Error Attorney

If you suffered the consequences of a surgical error, you may be eligible for compensation the injuries you sustained. You may be eligible for various types of damages, including both economic and non-economic damages.

A skilled Bronx surgical error lawyer at Silberstein, Awad & Miklos, P.C. is prepared to help you fight for the damages you deserve. They could leverage their legal knowledge and work with various expert witnesses to strengthen the validity of your case.

If you are uncertain about your legal options, we could clarify and give you guidance about your potential next steps. We are here to support you where doctors have failed. Call, email, video chat, or schedule an in-home consultation with us today to begin discussing and strategizing your case.

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New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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