In cases with high risks of complications where the patients have given their full informed consent, surgeries may sometimes go wrong. In other instances, a doctor or other medical staff may act carelessly and cause a patient to sustain severe or fatal injuries. Compensation might be available to these patients to help them cover the high costs of the surgical error.

The Brooklyn surgical error lawyers at Silberstein, Awad & Miklos, P.C. are dedicated to helping people pursue compensation for their injuries. We stand steadfastly by individuals who have been severely hurt and subsequently ignored by the medical professionals that jeopardized their health.

Over the course of recovering $1 billion dollars for victims of medical malpractice, we have streamlined our system of providing individuals the legal, financial, and medical expert support they need to file a lawsuit. We work with trustworthy medical professionals to give scientific authority to claims throughout the filing and negotiation processes. We also leverage our extensive knowledge of the law to support any type of surgical error case.

If you or a loved one have suffered injury or death due to a mistake in the operating room, talk to our Brooklyn surgical error lawyers. Our compassionate medical malpractice attorneys could discuss your legal options to recuperate your losses.

Proving the Injury is Due to Malpractice

One difficult aspect of a surgical error lawsuit could be proving that the responsible party failed to meet the reasonable medical standard of care and not that the errors arose from unforeseeable complications. The attorneys representing the medical team could argue that any difficulties were due to complications such as a hidden health condition in a malpractice case involving surgical errors.

To prove medical malpractice in surgical error cases, it may be often necessary to rely on expert witnesses during the investigation stage of proceedings, in negotiations, and in court. These trusted medical professionals work with our legal team to hold the negligent operating team to the proper standard of medical care.

Types of Surgical Errors

Surgery is a high-risk medical specialty that may be prone to negligence-based errors. An Australian study found 50.4 percent of adverse hospital events to be surgery-related and The Utah Colorado Medical Practice Study found 54 percent of these to be preventable. These frequently occurring errors include:

  • Using the wrong records and performing surgery on the wrong patient
  • Miscalculating anesthesia, causing a lack of oxygen to the brain
  • Severing nerves
  • Perforating organs
  • Using improperly installed medical devices
  • Using infected tools
  • Failing to diagnose a post-surgical infection
  • Operating on the wrong limb
  • Operating on the wrong side of the body
  • Leaving surgical instruments, such as a sponge, inside a patient

Surgical errors might cause patients to needlessly suffer pain or even the loss of body function. Additionally, patients and their families might suffer emotionally and financially. Those who have suffered the consequences of a doctor’s negligence should contact a Brooklyn surgical error lawyer for help recovering their due compensation.

Identifying the Liable Parties

Various parties could be held liable for mistakes that occur during, leading up to, or after surgery. Those who may be involved in the negligent treatment of a patient may include the doctor, nurses, the hospital, or the organization that sets surgery standards for medical staff. Their negligence could occur because:

  • The hospital assigns inadequately trained physicians or assistants to a surgery
  • The hospital establishes schedules that do not allow staff adequate rest time to enable them to perform properly
  • Hospital protocol requires surgeons to unreasonably rush procedures
  • Hospital practices may prevent proper communication between staff
  • Administrative hospital staff do not properly maintain patient records

Talking to a Brooklyn Surgical Error Attorney

In a case involving surgical errors, the doctors, hospital, and any other responsible parties may try to avoid admitting liability and paying the full amount of compensation to which the injured patient is entitled.

Our experienced Brooklyn surgical error lawyer at Silberstein, Awad & Miklos, P.C. could demonstrate that the surgical staff is liable and communicate the full extent of a victim’s injuries. We work with reliable medical professionals to combat any doubt raised by the defense by building a strong, medically sound injury case.

In over 30 years of practicing the law, we have always kept our clients at the center of our work. We relentlessly pursue the compensation a person deserves and do not ask them to pay upfront legal fees. We understand that each case has a unique background and strategically use those differences to our advantage.

If you or a loved one has suffered from errors associated with surgery, contact a surgical malpractice lawyer for a free case evaluation. We are available to talk seven days a week and could discuss your situation in-person or over the phone, email, or video chat. Reach out to us today to see how we might be able to help you through this tough time.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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