Patients who undergo surgery may be vulnerable to the skills and training of the operating surgeon. When a surgeon or operating room staff makes mistakes during surgery, a patient may worsen in condition or suffer new health issues. These injuries and related losses could be compensated in a medical malpractice lawsuit.

Silberstein, Awad & Miklos is here to help if you have been injured by a so-called medical “professional.” We have recovered compensation for hundreds of plaintiffs of medical malpractice. Our firm has also won a $56 million historic verdict for a baby born with brain and spine defects.

We have a successful track record because we keep compassion and hard work at the center of our legal strategy. We take the time to listen to patients when no one else has and we could connect you with our team of medical experts to help build a strong, medically sound case.

Knowledgeable Nassau County surgical error malpractice lawyers have the knowledge, financial power, and experience to fight for the compensation you deserve, so contact our accomplished attorneys at any hour of the day to learn more about your legal rights.

Types of Surgical Errors

Some surgical errors are classified as “never events” by the Agency for Healthcare Research and Quality. These errors may include:

  • Operating on the wrong site
  • Operating on the wrong patient
  • Performing the wrong procedure

Other surgical errors that may also cause severe injuries and may form the basis of a claim could include:

  • Leaving a foreign object in the body
  • Operating with inefficient procedures, increasing recovery time
  • Administering an incorrect amount of anesthesia
  • Causing an infection from unsterilized equipment

The Agency for Healthcare Research and Quality performed a study of over three million surgical cases and found that the chances of a surgical error were about one in 112,000. The average hospital will experience a surgical never event approximately once every five to ten years.

If a patient is harmed by a surgical error of any kind, they could claim payments for unexpected medical costs, lost ways from missed time at work, pain and suffering, and death benefits if relevant. Our surgical error malpractice lawyers in Nassau County could help you identify which form of injury you suffered, and could the best course of action to gain compensation for your suffering.

Establishing Negligence

Most surgical error cases are based on the legal concept of negligence. To prove a surgeon’s negligence, a plaintiff must convince the judge or jury that:

  • The surgeon had a duty to the patient when they assumed their care
  • The duty was breached when the surgeon did not perform according to the current and reasonable standard of medical care
  • The breach of duty caused injury to the patient
  • The patient suffered damages in relation to the injury

It is important that patients who have suffered from malpractice injuries understand that they may have a valid legal claim for financial recovery, which an attorney could help with.

How Much Could a Plaintiff Recover?

While there may be no guarantees as to how much an injured plaintiff may recover, an experienced Nassau County surgical error malpractice lawyer could provide a plaintiff with an estimate based on the facts of their case.

While the outcome of the case may not be guaranteed, a plaintiff could note that New York law does not place any caps on damages. There are no state-mandated limits on how much a surgical error plaintiff could recover from the defendant.

Contacting a Nassau County Surgical Error Malpractice Attorney Could Help

Surgical errors may cause severe or fatal injuries. If you or a loved one sustained these injuries in the care of a surgeon, you could file a claim for damages. An experienced Nassau County surgical error malpractice lawyer could help you seek payments for additional medical care, pain and suffering, loss of enjoyment of life, or even your ability to work.

The legal team at Silberstein, Awad & Miklos is ready to stand by your side at each step of the legal process. We are ready to listen to your story, craft a case with the support of reliable medical experts, and negotiate for a favorable outcome. Call today to find out the value of your case and how we could help you recover from this unexpected turn of events.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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