Anytime a person goes to a hospital or clinic for surgery, there is a chance that something will go wrong. Every surgical procedure — even a supposedly minor one — comes with a degree of risk.
All too often a patient goes in for an operation and something goes terribly wrong because of a mistake by a doctor, nurse, anesthesiologist or other medical professional.
When that happens, the patient can suffer severe, permanent and disabling injuries — even death. Families are left to cope with grief, loss, and often crushing financial pressure.
You don’t have to go through this ordeal alone. The medical malpractice lawyers of Ginarte Gonzalez Winograd L.L.P., are here to help. Our lawyers have more than 150 years of combined experience helping thousands of accident victims in New York and New Jersey put their lives back together.
Have you or a loved one been injured during surgery because of a mistake that could have been — and should have been — prevented? Do you think a surgeon or member of the surgical team failed to use reasonable care? If so, you may be entitled to compensation. Get a free and confidential review of your case from a qualified New York and New Jersey experienced lawyer. Call 1-888-GINARTE (1-888-446-2783) or use this online contact form.
What is Medical Surgery Malpractice?
All medical professionals — doctors, surgeons, operating room nurses, hospitals, and pharmacists — are required to use reasonable care when treating patients. Sometimes, though, they fall short of this standard. They do something — or fail to do something — that causes harm to the patient.
In legal terms, this is called “medical negligence” or “medical malpractice.” Nearly half of all malpractice lawsuits are filed against surgeons, according to Bureau of Justice Statistics figures.
When a preventable error occurs in surgery, the responsible parties should be held accountable. Damages can include hospital bills, physician bills, corrective surgery expenses, lost income, pain and suffering, and more.
Mistakes can occur before, during or after surgery.
- A doctor performs surgery on the wrong patient.
- A sponge, scalpel or other surgical instrument is left inside the body.
- Organs, blood vessels or nerves are damaged during surgery.
- A patient gets an infection because surgical tools were not properly sterilized or because proper antiseptic practices were not followed.
- The surgical or post-operative team fails to promptly detect or treat a patient’s internal bleeding.
- An inadequate pre-operative examination was done.
- Important lab tests are not ordered or read properly.
- A patient does not receive adequate post-operative follow-up care.
- A patient is given the wrong anesthesia or an overdose of anesthesia.
- A patient is given a harmful medication before or after surgery.
- The surgical team fails to properly monitor a patient’s vital signs or fails to respond properly to signs of distress.
- A doctor operates on the wrong limb or the wrong part of a patient’s body.
Lack of Informed Consent for Surgery
Before deciding on surgery, a patient should be given enough information to make an intelligent decision. They should be informed about the nature of the proposed operation and told why the doctor is recommending it. They should be advised about the benefits and risks of surgery. Alternative forms of treatment should be discussed.
If these things aren’t done, the patient may have grounds for a medical malpractice lawsuit based on lack of informed consent.
Sometimes, though, it is difficult to determine whether informed consent was obtained. That’s where the Ginarte law firm comes in. We know what medical records to examine. We know what questions to ask. We know when a patient was adequately informed and what to do if they weren’t.
Infections at the site of surgery is another common type of post-operative malpractice. A variety of infections — mostly staph and strep infections — are rampant in hospitals. Some infections occur despite reasonable care. But others happen because the surgical team did not closely monitor the patient after surgery or failed to take prompt action at the first sign of infection.
Our Medical Malpractice Lawyers Can Help
If you think you might be the victim of a surgical error, contact the Ginarte law firm today. We will fight for justice for you and your loved ones. Call 1-888-GINARTE (1-888-446-2783) now or use our online contact form. We will be happy to give you a comprehensive case review – absolutely free. We won’t charge you unless we win your case.
We have offices in New York, Queens, Newark, Union City, Elizabeth, Perth Amboy, Clifton and Jackson Heights ready to serve you.